QUESTION
Will I be affected by victims claim for more money for personal injury in accident
Asked on Sep 26th, 2013 on Automobile Accidents - Washington
More details to this question:
March 2012 I was involved in an automobile accident where it was my fault I was stopped at red light foot slipped off brake and I rolled into the car infront of me. The driver was in a rental vehicle and only complained of neck pain from what I assumed was slight whip lash passenger never claimed any medical problems the driver is now trying to sue my insurance company for more money on personal injury my insurance company policy has a 25,000 injury coverage max and the driver is trying to claim his injuries and damages of being out of work is adding up to 68,000. My overall question is what is the process that proves his damages equal the amount of 68,000 and if he does not take my insurance companies offer of the 25,000 coverage what happens next. I honestly do not think what he is claiming is true information but I do not know all the details and was curious what happens if my insurance company loses and is required to pay more how will that affect us?
1 ANSWER
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If there is a disagreement as to the amount of damages a lawsuit can be filed and the court (or jury) will decide the issue. If the injured party rejects a policy limit offer from your insurer and the matter goes to trial, you would be personally responsible for the excess awarded by a jury or judge. In other words, you would be responsible for any amount in excess of your $25K policy limits.
If the injured party has underinsured motorist coverage, there is a good chance that party would accept your $25K limits and proceed against his/her own company for the excess.
This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.
Answered on Sep 27th, 2013 at 2:43 PM