QUESTION
What should I do if I get sued for injuries for hitting a bicyclist?
Asked on Apr 25th, 2014 on Personal Injury - Rhode Island
More details to this question:
I rear ended a bicyclist though not even hard enough to knock him off the bike. He declined medical attention at the time, etc., only to come back claiming back/knee pain. My insurance company accepted the settlement demand and paid him the full amount for Bodily Injury Liability. However, in the letter, they state that the bicyclist's injuries could exceed my B.I.L. policy limits. So I'm assuming this means they are now out of the equation and he will likely sue me personally for the additional monies? If I'm living paycheck to paycheck, what does this mean for me?
8 ANSWERS
Ronald A. Steinberg
I don't think you need to lose sleep over this. You could hire your own lawyer to work with the insurance company.
Answered on Apr 28th, 2014 at 4:11 AM
Litigation Attorney serving San Antonio, TX
at
Graves Law Firm
Update Your Profile
You pay your insurance carrier to protect you, not the other guy. If your insurance company settled with him, he most likely signed a liability release that lets you off the liability hook. Your insurance company was under a duty to get you off the hook if it could do so within the limits of your insurance policy. Call the adjuster and ask, and ask for a copy of the release the guy signed. Good luck.
Answered on Apr 25th, 2014 at 4:29 PM
James Eugene Hasser
I seriously doubt that he has the right to sue you. More than likely, the insurance company got a release from him releasing you from liability. Ask them for a copy of it for your peace of mind. Good luck.
Answered on Apr 25th, 2014 at 4:29 PM
Edwin K. Niles
If the ins. co. paid him, they got a release, which ends the claim. Furthermore, lawyers who represent injured parties will not waste their time and money chasing after someone who has nothing and no ability to pay.
Answered on Apr 25th, 2014 at 2:15 PM
1 Award
Your best bet would be to hire a lawyer to try to settle the case for a reasonable amount. You don't want the injured person to take a big judgment against you.
Answered on Apr 25th, 2014 at 1:33 PM
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
If your vehicle insurer settled the case on your behalf, then they would have had the claimant sign a Release. Unless the insurer monumentally messed up on the terms of the Release, it would (should) bar any future claims by the bicyclist against you. You can ask your insurer for a copy.
Answered on Apr 25th, 2014 at 12:59 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You don't seem to be fully aware of what is going on. He wasn't hurt but hurt bad enough to convince insurance co to pay policy limits. make up your mind here.they would have given you a chance to hire your own lawyer for any excess coverage BEFORE they paid the claim. Everybody honest lives from paycheck to paycheck. That gets you nothing, although if you play that game you may wind up with a judgment against you. That judgment may cost you your li cense from DMV but will hang around for maybe 10 years to affect your credit. See a local lawyer for full review of your case. careful what you claim as facts: that he was not hurt, and that he was hurt so bad the carrier paid limits.Be careful what you say to your lawyer or to a court.
Answered on Apr 25th, 2014 at 12:47 PM
Thomas Edward Gates
If he gets a judgment against you, you will owe him the judgment amount.
Answered on Apr 25th, 2014 at 12:41 PM