How Often Do Car Accident Lawsuits Actually Go to Court

[ph15]

My question involves an injury that occurred in the state of: Ohio

Car accident with a motorcycle nearly 2 years ago. The motorcycle driver spent a little more than a day in the hospital, not sure of the extent of their injuries, contusion on the head was the only visible injury.

I was just notified that the 2 years is almost up and they are filing a lawsuit to continue the process so the statute of limitations doesn't pass. They are asking for more than the policy limits (100K), but the settlement offers have all been 'well below' the 100K as the adjuster stated they just don't see how he is asking for that much, which I assume means the repair and medical bills aren't nearly 100K.

I'm freaking out a little, just because this is my only accident ever, and although the police considered the accident to be my fault, I don't really consider that to be the case, but that's not what this post is about...

Is this standard procedure to move on to the 'lawsuit' phase? I was told to expect some papers in the mail shortly and to call the adjuster the day they arrive.

Our house and 1 of our 2 cars are all in my wife's name, and always have been. If a judgement were to happen for more than 100K, it would be pointless as there is nothing to get from me that is in my name. I was on my parents insurance at the time of the accident, but they do not have a lot assets to go after, either.

Am I worrying for nothing? Are the chances good that cases like this just settle for under or at the policy limits and are over with?

Thanks

[Betty3]

Hopefully, it will be settled out of court for an amt. within your policy limits. Many times they are particularly if the person they want to sue doesn't have much income/assets. (though they "may" in the future before the judgment expires)

Most cases are settled out of court but we can't speak on what will happen in any individual case.

Do you have an attorney if you are being sued?

[ph15]

Do you have an attorney if you are being sued?

The adjuster explained that I need to inform her when the papers are received in the mail and it will be assigned to a local attorney, still related to the car insurance company.

It sounds like she said they expect to go back and forth in an attempt to settle for several months, and if they are unable to reach an agreement that is the time when I would need to seek my own attorney if it is going to trial.

[Betty3]

That sounds correct. You will need to get your own attorney if/when you are *sued* in court for an amt. over your policy limits.

[KeyWestDan]

Typically if a person is sued and that person has insurance, the insurance company provides the attorney as they are the ones that have to pay any judgment that might result, at least up to the policy limits. If they settle with the party it has to be below the policy limit or if more, only with your permission.

If the insurance company is on the hook for 100k you can be sure they will want the defense to be their attorney and it is on their dime.

[www.utlawhelp.com]

This is not that unusual. Of all cases filed, very few actually go to trial. When you get served, the insurance company will hire an attorney to represent you in the auto accident case.
One thing you need to watch out for. If the motorcyclist ever offers to settle for policy limits or less, you may want to hire a seperate lawyer (the one hired by the insurance company should owe all loyalties to you but the reality is that he/she knows who butters his/her bread). Your lawyer will make sure your insurance company is treating you fairly. This is important because the insurance company may decide to go to trial and roll the dice. Especially if they think that the most they have to lose is the policy limits. You, on the other hand, want nothing more than to get this settled within policy limits.

[Betty3]

I might mention that the ins. co. attorney will only represent you in court up to your policy limits. Over that amt., you have to get your own attorney. (though you can get your own attorney at any time if you wish)

[SChinFChin]

I agree with all the others said.

I was involved in a car-pedestrian accident, a few years ago, and it took over four years to get settled. The pedestrian who got hit kept holdng out for "too high an amount", ridiculous according to the insurance company attorney who updates me on the case, and it dragged on and on till it was settled.

I was also involved in another insurance case, this time for a company I worked for, and we opted to hire our own attorney, as we felt our interest and those of the insurance company are at odds. But that's another story. Anyway, we excercised our right to hire our own attorney, but with the requirement that we keep the insurance company abreast of what what's going on, which at the time, was my job.

In your case, find out from the adjuster how much the insurance company is offering and how much the other side is demanding. The real amount is probably somewhere in between.

You'll probably want to consult an attorney, and see where you legally stand. As Ohio does not appear to be a community property state, it would appear that the house in your wife's name only would protect you. Hometead protection in OH for $5,000 appears puny. Of course, they can come after non-exempt assets as well, in YOUR name, such as back accounts, etc., so you may want to take a look to see if you should take some action to protect yourself, such as opening checking accounts in your wife's name only, to put your paychecks in, with you just holding a "power of attorney".

Finally, here in NY, I'm told that $100,000 coverage is definitely not enough, as accident victims often think they won the lottery, and sometimes juries can award huge and unjustified amounts because they believe the sob stories.





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[Betty3]

Finally, here in NY, I'm told that $100,000 coverage is definitely not enough, as accident victims often think they won the lottery, and sometimes juries can award huge and unjustified amounts because they believe the sob stories.

It's too bad this is the situation but way too true.

[pastor]

I have acouple that came to me to perform a marraige in just a few weeks. The husband is not in school and has an expired student visa. What will be required for him to obtain legal status in the US? Is it legal for him to marry a US citizen with an expired VISA?

Thanks