In general, if you have a policy limit of $25,000, that is the most the carrier will pay out in damages to the victim. If the victim sues you, your insurance company is obligated to defend you. They will hire a lawyer to defend you and you do not have to pay them. If they can settle the case under the policy limit of $25,000, they generally do not need your consent to do that. Under certain circumstances, if it goes to trial and the victim wins more than the policy limit, you would ordinarily be responsible for the excess over $25,000, however, if the carrier had the opportunity to settle for the policy limit of $25,000 or for less and did not do it, the carrier may be responsible for the excess amount. If it ever gets to that point you definitely need to seek legal counsel because it is highly unlikely that the insurance company would pay the excess voluntarily. At this point, I strongly recommend you get in touch with the insurance company and get to the adjuster handling your claim. Ask him or her what all of your options are and clearly convey to them that you expect your insurance company to do what is best to protect you 100%. I suggest you confirm what ever you discuss in an email back to the adjuster so there is a record of what transpired.
Answered on Apr 27th, 2011 at 6:33 AM