QUESTION
What type of attorney should we hire if our claim exeeded our policy limit?
Asked on Dec 26th, 2013 on Automobile Accidents - North Carolina
More details to this question:
Our car, driven with permission by an uninsured friend, was involved in an accident in October. It was our friend's fault - ran a red light and totaled both vehicles. Both drivers spent time in the hospital, the other driver in ICU for one night and two more in trauma, our friend 2 nights in trauma. We received a letter today from our carrier saying it looks like claim will exceed our $100,000 policy limit. We are retired, no income other than from USAF and IRA. How exposed are we?
9 ANSWERS
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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You should ask the insurance company to pay for a 'cumin' counsel for you to consult.
Answered on Dec 30th, 2013 at 6:33 AM
Ronald A. Steinberg
You are in serious financial trouble. The owner(s) and the driver of a car are liable for damages caused by the permitted use of the car. What kind of an idiot friend? Driving your car, he blows a red light. Make sure that he gets sued also. He caused the problem and so he needs to participate in the pain.
Answered on Dec 27th, 2013 at 8:10 PM
Edwin K. Niles
Claimants (or their attorneys) almost never try to go beyond the policy, especially when it appears that the defendants are not wealthy. Relax and let the insurance company settle the claims. As owners, your liability is limited to $15,000 each, anyway.
Answered on Dec 27th, 2013 at 8:09 PM
1 Award
Since you were not driving, you were not negligent in causing the accident. Thus, you are not liable, unless you somehow did something to cause the accident. This does not apply to the driver of your car. He might be facing personal liability in excess of the policy limit.
Answered on Dec 27th, 2013 at 12:41 PM
James Eugene Hasser
You are only exposed to the limits of the policy unless they have a claim against you claiming that your friend was incompetent and you let him drive anyway. Your friend who was driving has the exposure problem. Good luck.
Answered on Dec 27th, 2013 at 11:50 AM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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As the owners of the car you are considerably exposed and most likely will have to join suit against your friend to indemnify you for any liability You should contact an attorney who defends civil lawsuits.
Answered on Dec 27th, 2013 at 11:01 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, your assets are potentially at risk although the pension and IRA are somewhat protected.
Answered on Dec 27th, 2013 at 11:00 AM
Depending on the state law in which you live, you are hopefully covered. First, demand that your insurance company settle the case with the driver who was not at fault. Second, demand that the insurance company state your position that you are not liable for any damages to your uninsured friend. His own health insurance policy and assets should pay for his hospital bills and other damages. Your retirement income from the USAF is probably exempt from execution, meaning that nobody can touch it. In Nevada, up to $500,000 in your IRA would also be exempt. Each state has different exemption amounts.
Answered on Dec 27th, 2013 at 10:27 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have exposure for whatever damages there may be above the coverage. You should hire a litigator and have him review the special damages (bills etc) and advise you.
Answered on Dec 27th, 2013 at 9:49 AM