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  1. #1

    Default My Insurance Co. Said I May Be Sued Beyond Policy Limits

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

    My husband rear-ended 2 cars in Jan.2009. We are now hearing from the driver of the "middle" car.

    Our agent says they are demanding the max. amount of 100k, however, the lawyer's letter states they put a $350k amount on that claim. She was hit at 20 miles per hr. & her med expert says she has a protruding sacral disc & 18% functioning! Hardly, at 20 mi. per hr! And I bet she is still driving. 18% functioning will probably be under investigation by our insurance co. medical experts.

    Sorry for the long post. Here is my question: Our insurance agent writes that they will try to resolve this claim- but we may be sued on top of the 100k amount personally. Is it a good thing that our chapter 7 bankruptcy was just discharged?

    Life took some weird turns this year. Should I inform our car insurance agent that we are in bankruptcy? Would this be a good idea for them to settle within the policy limits - more so?

  2. #2
    Join Date
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    Default Re: My Insurance Co. Said I May Be Sued Beyond Policy Limits

    Quote Quoting rymfire4
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    My question involves an injury that occurred in the state of:
    Typically if the damages can be substantiated to an amount that is above and beyond the policy limit, then YES, you can be sued for the difference.

  3. #3

    Default Re: My Insurance Co. Said I May Be Sued Beyond Policy Limits

    Quote Quoting That Guy
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    Typically if the damages can be substantiated to an amount that is above and beyond the policy limit, then YES, you can be sued for the difference.
    I had some trouble with my post & left out all the info at 1st. So, since we are bankrupted though, do you think I should let my insurance co. know that?

    I got a call back from our agent. They said by June something the demand is for 100k. Based on your experience, if they get that much from the insurance co.- do the lawyers usually pursue to individuals for more (like the 350k they cite in the letter) even though this was not a major accident?

    Gosh, I hope we can even acquire car insurance after this!

  4. #4

    Default Re: My Insurance Co. Said I May Be Sued Beyond Policy Limits

    Does anyone know if it is a good idea to inform my insurance co. (which, fyi is the same as this plaintiff's) that we are in bankruptcy?
    The insur. co. states that they will try to resolve the claim by the demand deadline, but if I should be subpoenaed, then to contact them right away.

    I'm about to call them now anyway. I must give my opinion of the plaintiff's lawyer's letter. I don't want my insur. co to pay for a possible pre-existing condition, which, when I looked into bulging L5/S1 disc, can be caused by heredity, posture problems, OR trauma. The person's complaints do not fit her injury claims. She went initially with whiplash complaints - which is not a symptom of an L5/S1 bulging disc. Eventually the doc ordered a "lumbar" MRI.

    Maybe at 40+ miles per hour being rear-ended- but at 20 or less- a lumbar/sacral injury sounds like it was there before, if anything, & was aggravated. The plaintiff can be hiding her former med records. They did not do a repeat MRI AFTER the treatment -to see if there was improvement either. And the 18% functioning given by the doc- is really only subjective to the patient's complaints (& exaggerations)

    Now, should I just relate that to my insur. agent (I'm not medically ignorant- I am an RN) & hope they pay out as little as possible from the 100k to them - & just hold my wild card of the bankruptcy status to have a good laugh at the lawyer if they do end up suing us?

    Do we have to appear anyway if we are sued & the insurance co. defends us up to the 100k limits?

    How does it work when the defendants are bankrupt? Do they appear with the insur. lawyer in court for the 100k they may sue for if they do not settle?
    Will the lawyer actually try to sue for 250k over to us personally- & is it legal for me to call the lawyer personally & surprise him!?

    The lady deserves only a newer car, imo. The damage of $1,700 only totaled her car bc I was informed by the insur. co. that her car wasn't worth too much more than that.

  5. #5
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    Default Re: My Insurance Co. Said I May Be Sued Beyond Policy Limits

    If you have filed for bankruptcy, you need to discuss your situation with your bankruptcy lawyer and make sure that any personal injury plaintiffs have been properly included as creditors.

  6. #6

    Default Re: My Insurance Co. Said I May Be Sued Beyond Policy Limits

    Quote Quoting Mr. Knowitall
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    If you have filed for bankruptcy, you need to discuss your situation with your bankruptcy lawyer and make sure that any personal injury plaintiffs have been properly included as creditors.
    Yes, thank you, but what if we already had our bankruptcy discharge this May & THEN there is a bodily injury plaintiff suit against us? I was under the impression from my bankruptcy lawyer- that I am now judgment proof (for 10 yrs.)
    I didn't have to include the "potential" plaintiff in the bankruptcy- And now, the plaintiff cannot sue us anyway above the car insurance policy limits?

    Come on, I want to be able to say "Judgment proof" to the plaintiff's lawyer- IF they file suit!

  7. #7
    Join Date
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    Default Re: My Insurance Co. Said I May Be Sued Beyond Policy Limits

    why did your husband rear end the two cars?
    Would discharges bankruptcy cover an open judgement against them???

  8. #8
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    Default Re: My Insurance Co. Said I May Be Sued Beyond Policy Limits

    You need to talk to your bankruptcy lawyer again. I have no idea why you think a past bankruptcy makes you "judgment proof".

  9. #9

    Default Re: My Insurance Co. Said I May Be Sued Beyond Policy Limits

    Actually I will try to reach the BK lawyer after these holidays.
    The judgment proof status I think was for the creditors listed on the schedules only.
    We will see if it will be possible to reopen the case, if there is no time limit in the next 6 months to add a creditor.

    I don't see the plaintiff's lawyer or rather a judge approving of a judgment against us, who have just had a no-asset bankruptcy.

    I don't think the court will award above our policy limits for a bulging disc anyway.

    My insurance company told me how much discovery would happen prior to trial.

    This is such a bs exaggerated injury anyway & my insurance co. says lawyers "demand" with exaggeration routinely.

    But I will still inquire to our BK lawyer for info. Whether we can reopen the ch. 7- or even lay low for 4 years & file a 13 to eliminate the gnats (I mean the lawyer & his client!)

    Quote Quoting dasrock
    View Post
    why did your husband rear end the two cars?
    Would discharges bankruptcy cover an open judgement against them???
    Why? He was blinded by the sun he said for even seconds so as to not be able to see them at the "yield sign." However, he was able to brake to 20mph but still hit them. The 1st car driver barely had but a scratch , enough to hire a lawyer. She was 300lbs. & her "C3-C4 bulging disc" is found to be preexisting, due to the weight. That 1st one driver's lawyer demanded the policy limits at 1st also (100k) My insurance co. has offered 5,800 grand total, but still no answer from that lawyer.
    The middle car driver's lawyer has now demanded the policy limits, thinking they deserve that & maybe even more for the claimed bulging L5/S1 disc she claims happened from a 20 mph hit. It's up to my insurance co. at this point to investigate whether her injuries are pre-existing aggravated injuries. I think it can be done, but at this point I have no control over the investigation- & wouldn't unless I had my own lawyer to defend.
    So, we are hoping for the best!

    I can't really tear my hair out imagining the worst. It's enough hating driving now for sure.
    Be happy to just recover from this bankruptcy, if you know what I mean!

  10. #10

    Default Re: My Insurance Co. Said I May Be Sued Beyond Policy Limits

    Well, it would be possible to reopen the ch.7 to add that creditor for $350. which we surely don't have right now!
    I'm going to take my chances that there will much less of a payout for that person's "protruding L5/S1 disc with annular tear" Funny how she waited 2 weeks & saw a chiro. rear-ended usually affects the cervical discs. And at 20mph- it's unusual to affect the lumbar only.
    I think my insurance company will find a pre-existing problem, as that is a common problem in the population, even without trauma, but from lifestyle.

    When I asked the bk secretary "what could the lawyer possibly get from a couple who are so insignificant financially?" She said it would depend on that lawyers tactics for collections.

    Some people are just so disgusting they should be shot dead.

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