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  1. #1
    Join Date
    Mar 2016
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    Default Being Sued Beyond Liability Insurance Limits

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

    2 years ago I was involved in an accident while working as a delivery driver for Dominos. The accident took place at about midnight in a dark area. A person wearing dark clothes riding a bike with no reflectors came across my path and I was unable to avoid him. He was thrown to the ground and appeared to be injured, and was taken away in an ambulance. The police responded but I wasnt cited or charged with anything.

    I was served today, one day before the 2 year mark. It doesnt say how much he is seeking but it must be in the hundred of thousands. The franchisee and company I worked for were also named as defendants. I have no assets or savings. Could they garnish my future wages, or would bankruptcy protect me in such a scenario?

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Being Sued Beyond Liability Insurance Limits

    Let the insurers involved worry about it for now. First off, they need to first prevail in the negligence suit. Operating a vehicle at night without lights is pretty negligent on their part. While your state has joint and several liability, they'd only take the effort of trying to collect against you in the case that they win over and above what the other defendants (or their insurers pay out).

    It's way premature to be worrying about bankruptcy at this point.

  3. #3
    Join Date
    Oct 2014
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    8,238

    Default Re: Being Sued Beyond Liability Insurance Limits

    Quote Quoting QuanHenry
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    Could they garnish my future wages, or would bankruptcy protect me in such a scenario?
    Pennsylvania is one of the few states that does not permit garnishment of wages for private debts other than child support. So even if he does ultimately get a judgment against you he cannot attach your wages if you are working in Pennsylvania.

  4. #4
    Join Date
    Mar 2013
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    18,340

    Default Re: Being Sued Beyond Liability Insurance Limits

    2 years ago I was involved in an accident while working as a delivery driver for Dominos.
    Did you report it to your car insurance company when it happened?

    What did your insurance company do about it back then?

    What has your insurance told you today when you called and reported the lawsuit?

    You DID call and report the lawsuit, didn't you?

    While you were working as a delivery driver for Dominos, were you using your own car?

    If so, did your insurance company know that you were using your own car for business and was your premium adjusted (upwards) for business use, or did you fail to disclose business use to your insurance company?

  5. #5
    Join Date
    Mar 2016
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    Default Re: Being Sued Beyond Liability Insurance Limits

    Thanks for the replies. I called my insurance company immediately and got voicemail, which is why I semi panicked and posted here. I got a hold of them later in the afternoon, and it sounds like the plaintiffs lawyer accepted my insurance companies settlement offer, but not the one from Dominos so they went ahead with the suit. She seemed positive that I wont be perused beyond what my insurance can pay.

    Yes I was using my own car but I hadn't reported that to Allstate yet. In hindsight I realize this was a mistake but they didnt seem concerned about it when the accident first happened, or now.

    I feel bad for the guy I hit, but I honestly think it was entirely his fault. I looked up the laws in PA that say a bicyclist must use reflectors and a headlamp if they are going to use the road after dusk. He also was not wearing a helmet which apparently made his injuries worse, and his medical expenses higher. He made a dangerous move trying to cross over where he did, and I literally could not see him until he was right in front of my car. I am no lawyer though so what do I know?

  6. #6
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    Mar 2013
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    Default Re: Being Sued Beyond Liability Insurance Limits

    the plaintiffs lawyer accepted my insurance companies settlement offer, but not the one from Dominos so they went ahead with the suit. She seemed positive that I wont be perused beyond what my insurance can pay.
    Make sure your claim rep assigns the lawsuit to an attorney so the attorney can get you dismissed from the lawsuit based on that settlement. Then follow up, follow up, follow up frequently to make sure it's done, even if you have to monitor the court docket.

    You do not want this to go to judgment with your name on it. If it does, the settlement could be out the window.

    Yes I was using my own car but I hadn't reported that to Allstate yet. In hindsight I realize this was a mistake but they didnt seem concerned about it when the accident first happened, or now.
    Lucky you. Insurance policies have a "concealment, misrepresentation and fraud" provision which potentially allows insurance companies to deny claims and rescind policies back to inception, leaving policyholders out in the cold for failing to disclose material changes in how they use their cars or their homes.

    I feel bad for the guy I hit, but I honestly think it was entirely his fault. I looked up the laws in PA that say a bicyclist must use reflectors and a headlamp if they are going to use the road after dusk. He also was not wearing a helmet which apparently made his injuries worse, and his medical expenses higher. He made a dangerous move trying to cross over where he did, and I literally could not see him until he was right in front of my car. I am no lawyer though so what do I know?
    I tend to agree that you shouldn't be found at fault based on your description of the accident but your insurance company settled for some reason. Do you have any idea what that reason was and how much the settlement was for and did your company get a signed release from the claimant?

  7. #7
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    Mar 2016
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    Default Re: Being Sued Beyond Liability Insurance Limits

    My claim rep told me she will assign an attorney. I dont know how much the settlement was for or why they settled at all. I dont work for that company anymore, but their address was listed on the summons so I assume they did. I will follow up often.

    The police report read unfavorably toward me. The cop obviously had a bias towards delivery drivers. There was one witness who said that I "came up a little quick. The guy on the bike was riding in the shoulder where he belonged" which is not true. The officer noted that when he arrived on the scene, that the guy was laying in the middle of the street (not near the shoulder) and there were dents on the front left side of my vehicle, which proves he was riding in the middle of the road. Ive gone over it in my head a thousand times, and I dont know what else I could have done to avoid hitting him. My headlights and brakes were working, my windshield was clean, and I wasnt speeding.

  8. #8
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    Mar 2013
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    Default Re: Being Sued Beyond Liability Insurance Limits

    The police report is not evidence of anything since the police officer did not see the accident. The police report will not be admissable in court.

    However, the witness's testimony in court could be problematic.

    Often the testimony of a participant in an accident is given less credibility because the testimony can be considered biased and self-serving.

    One party could say one thing, the other party could say another, and what they SAY could cancel each other out unless the PHYSICAL evidence (like the dents in your car) or a witness say otherwise.

    In your case, the dents in your car COULD be given more weight than the testimony of a witness to an accident that occurred suddenly in the dark of night with a bike rider wearing dark clothing.

    Insurance company attorneys are pretty good at tearing up adverse witnesses. Otherwise they'd be looking for clients elsewhere if they lost too many cases.

    See if you can get some details about the settlement from your insurance company's liability claim rep. Keep in mind if your insurance company accepted fault on your behalf your premiums would have been surcharged for the last 2 years (were they?). If you didn't get surcharged your company might have just decided to pay "go away" money without any acceptance of fault.

  9. #9
    Join Date
    Mar 2016
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    10

    Default Re: Being Sued Beyond Liability Insurance Limits

    Since the injuries were serious, it seems they settled to avoid a potential catastrophic unfavorable judgement. My liability never went up so I am assuming it was "go away" money.

    I wont bug the rep about those details right now. My only real concern was being held financially responsible beyond the claim which she assured me wont happen at this point. I will follow up with the lawyer when they are appointed though.

    Thanks for the advice Jack.

  10. #10
    Join Date
    Mar 2013
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    Default Re: Being Sued Beyond Liability Insurance Limits

    You're welcome.

    Post again with your progress. You can come back at any time and revive this thread.

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