Car Accident Damage Claim In Excess of Insurance Policy Limits

[Kimmie Ton]

My question involves an injury that occurred in the state of: California
Hi guys,
I reared ended a guy who ended up hitting the car in front of him last year (August 2012). I was about to get on the freeway ramp when I heard a loud thud in the back seat (I had two bottles of 7-Up on my back seat that fell) and turned my head around to take a look instinctially. By the time I turned my head back around, which was like a split second, I had collided with the car in front. My car insurance had paid out all the car damages and he (the middle car) is now suing me for 1 million dollars in lost wages and emotional damage(?) as of June 2013. First of, my car was totaled. His bumper was dented. The cops were called but no ticket was given. No ambulance was called. Apparently my insurance company had offered $8,000 in compensation and the guy's lawyer didn't even bother with a counter offer. They just went ahead and filed to sue me and my mom (we're both co-owners of the car). My insurance policy is only $25,000 and I just got a letter in the mail from the insurance company that from the evidence he's presenting, it might be more than the coverage. I am so sad and scared. I am currently a student and make no more than $10,000 a year. What's the chances of me losing if we go to court? I actually want to take it to court because I honestly think he's suing for money. What's your take?

[Disagreeable]

You should consider hiring a lawyer if your insurance company is just going to pay out the max.

[jk]

What's the chances of me losing if we go to court?

Your chances of losing appear to be near 100% based on your rendition of the story. It is only how much the award would be that is the question.

I actually want to take it to court because I honestly think he's suing for money.

Of course he is suing for money. You cannot win an servant and it is impossible to gain lost time back so what else do you think he will sue for?



have you heard anything about the injuries the guy sustained? Obviously $1M is a lot of money and there would have to be provable injuries to support that.

[Kimmie Ton]

Your chances of losing appear to be near 100% based on your rendition of the story. It is only how much the award would be that is the question.


[COLOR=#333333] Of course he is suing for money. You cannot win an servant and it is impossible to gain lost time back so what else do you think he will sue for?



have you heard anything about the injuries the guy sustained? Obviously $1M is a lot of money and there would have to be provable injuries to support that.

The insurance company wouldn't tell me what his claim is due to HIPPA. Say they aren't willing to settle and we go to court and I lose, would they take my car away (that's my biggest possession). Also, since my mom's name is also on it, would they take hers away as well? Or make her pay for the fee? I just wish there's some way I can take her name out of this whole mess since I was 23 at the time of the accident and she had never driven that car...

[jk]

Kimmie Ton;754295]The insurance company wouldn't tell me what his claim is due to HIPPA.

not buying that one.

Say they aren't willing to settle and we go to court and I lose, would they take my car away (that's my biggest possession).

there are some assets protected from a judgment creditor. I don't know offhand what the exemption is for a motor vehicle but there is a relatively small dollar amount exempted for a motor vehicle.

Also, since my mom's name is also on it, would they take hers away as well?

if there is a judgment ordered against here, everything she owns is subject to attachment unless it is exempted.

I just wish there's some way I can take her name out of this whole mess since I was 23 at the time of the accident and she had never driven that car

this is hindsight but the time to take your out of the mess is before it happens. Your car should be in your name. That would have prevented the involvement of your mother.