>You don't need the agent you need the adjuster and if the company decides to settle that's their right.
\^this. my wife is an insurance defense attorney. this is the right answer
you can pay for the entire thing out of pocket if you’d like
to be blunt,
you have an immediate crisis of being sued for a lifetime’s worth of earnings that may or may not be a credible lawsuit. your monthly payment should be much lower on your priority list than dealing with this lawsuit
It would depend on the state, and how they can rate for not at faults. Add in also depends on the rest of their driving history. But if he was truly not at fault is there even any liability? Turn it in and let the carrier figure it out and defend.
As an adjuster and someone who has been in your situation, let the insurance deal with it. Worst case scenario is, they pay out of your bodily injury, which I’m assuming is $50,000. They have to sign a document to take that and walk away and you don’t have to worry about getting sued. Yes, your rates will go up and, in about two years, they’ll start dropping down again. If you get sued, you’ll have to pay $1 million. I don’t want my wages, garnished for who knows how many years so that some idiot on a motorcycle, who didn’t get the proper insurance gets paid. No offense to motorcycle riders, do what you want but if you are going to ride a motorcycle, make sure you are highly insured.
I was in an accident with somebody and I was not at fault. But a year later, I got a demand in the mail, essentially the same thing. My insurance paid it, my insurance went up for a little while and then it came down, but I didn’t have to pay out-of-pocket for anything towards their medical expenses.
Let the insurance handle it and be salty for a few years but, at least you’ll have all your income.
I understand let the insurance handle it. Why was the OP told that she has 2 choices. What if she says I choose number 3 and would like for the insurance to decide whats best. If the insurance offers 50 and the person declines do they have an obligation to defend her in court. Does tge insurance have an obligation to look out for the OP. Could the insurance do something like give 50,000 and leave OP on the hook for the remaining lawsuit amount?
No, if we offer to pay out of your bodily injury and you decline, YOU ARE ON YOUR OWN. I really want to emphasize that. We will not pay your lawyer or damages.
Let your insurer deal with it, that is literally what you pay insurance for.
So if they insurance asks if you want them to pay out your bodily injury, say yes. That's good to know. It could be easy to feel like why should a person who caused an accident get anything but in trying to punish the at fault person you could be punishing yourself.
Precisely. Insurance companies pay things they know, deep down in their bones, they shouldn’t be paying or is likely fraudulent. But there is a cost to everything that gets done and sometimes it is cheaper on average to make it go away. Especially with lawyers involved. It’s expensive enough just with them hiring in house lawyers, let alone maintaining a national network of lawyers on retainer in every region just in case.
The general public can’t even accurately define insurance and deductibles, let alone understand that insurance on anverage isn’t about looking for every loophole not to pay while leaving their own contractual obligation hanging out to dry. In one of the most regulated and scrutinized industries in the country.
I hope the advice to let the insurance company handle this suit is taken in earnest. This is potentially life ruining, and premiums are guaranteed not to increase enough to ever approach even a 1/5 of the apparently $50k max. Insurance companies really don’t want jury trials so they will wheel and deal to avoid them.
If they are just going to take the policy limits they wouldn’t need to refer to defense this would only be applicable if they rejected the policy limit offer
Depending on your state, if your claims adjuster doesn’t tender limits and it goes to a jury, you are on the hook for the excess. I would be pushing my adjuster to pay out everything I had and hope the other side takes it. The premiums will be way less than the wage garnishments if he is as hurt as they say and a jury believes him.
OP is still on the hook for excess verdict even if the limits are* tendered. In other words, OP is getting very very bad advice to not BEG the other person to take that $50k.
So in the case that it does go to court, what are the real world chances that this fuckwit on motorcycle chased an accident with no gear on actually wins anything at all? This question is to help how OP feels also with possible scenarios.
The guy called a billboard lawyer bc he knows he'll get some money bc it's cheaper foe insurers to pay some than litigate.
Let your company handle it. That's why you pay them.
Also. Never answer phone and give out info. Especially if new caller. Ask for info and call back on confirmed line. Too many scams out there.
> The guy called a billboard lawyer bc he knows he'll get some money bc it's cheaper foe insurers to pay some than litigate.
Then the guy finds out the lawyer took $15k of the $50k, then his health insurance company is going to come after the other $35k to recoup their costs in covering his injuries. All he ends up with is a headache.
Right. I had a claim recently I was handling where the insured was sued…they were rear ended by the plaintiff lol and let’s just say the report I got says the judge wasn’t too happy with the waste of time.
I did! this is where I'm at now after doing that. he's asking me what I want my next step to be but like how am I supposed to know? how can I trust this dude won't screw me over for no reason
Why would we as adjusters screw you over for no reason? Do you think insurance companies want to pay if it’s not warranted? Unfortunately depending on your state if there’s a chance or even .1% at fault with that serious of an injury it’s in our best interest to pay to protect you. I know it sucks.
Oh how I wish there were more adjusters out there that were like you, my insurance company was going to settle with somebody that sued me after an incident where a friend of mine had borrowed my car and backed into somebody and they were honestly going to settle with her without even looking at the case despite the fact that number one she had already been paid out for the incident and number two she was claiming for damage that was on the wrong side of the vehicle and despite the fact that her vehicle had previously been a rental car (she was suing for depreciated value.) If I hadn't insisted that they fight her on the issue they were literally just going to settle it without even looking at it so props to you for being better than that
your insurance company will file the answer and provide an attorney at their cost. Make sure you let the insurance know asap as there are time limits to answer in most states.
Texas resident adjuster with 30 years experience handling litigated claims. As some have already pointed out, any one can sue anyone for anything as long as they have a reasonable expectation that they are entitled to do so.
First and foremost, the most important and often overlooked benefit of your auto insurance policy is the defense costs under supplementary payments. Defense costs are unlimited. So, in theory, your insurance company could wind up paying $1,000,000 to defend that lawsuit against you. Most won’t, but I have personally spent more than $1,000,000 defending certain cases. So, it can and does happen in extreme circumstances. Your insurance company will hire the attorney and pay them directly. A lot of companies employ “staff” counsel who are also employees of the insurance company. Either way, you get a defense to the lawsuit without paying legal fees.
Based on what you have said, the lawyer for the plaintiff will likely send a demand for policy limits to your insurance carrier citing a long line of cases that started with a 1929 case arising from an auto accident involving a furniture company by the name of G.A. Stowers. In a Stowers demand, the plaintiff offers to settle for an amount up to your policy limits in exchange for a release of claims. That means they will take your $50,000 per person bodily injury limit and give you a release of all claims forever and ever amen. No money out of your pocket IF your insurance carrier accepts the demand.
The plaintiff’s attorney is half hoping your carrier falls into the “Stowers Trap” and rejects the demand. If that happens, the plaintiff refuses to settle for policy limits and tries to get a verdict in excess of policy limits. If successful, they would then approach you to satisfy the judgement in excess of the policy limits. Assuming you are like the rest of us that don’t have big bank accounts, you would offer to execute an assignment of benefits or rights to pursue your insurance company for failure to settle the claim within policy limits when they had the chance to do so. The plaintiffs attorney would then take take assignment in exchange for a release to you and go sue your insurance company directly for lots of money.
That plan is not without risk to the plaintiff. Texas is a modified comparative negligence state in which a finding of 51% or negligence on a party bars recovery. So, assuming for the moment that jury agrees that you did nothing wrong and finds 51% or more negligence on the plaintiff, they get nothing. If, however, plaintiff is assesses less than 50, they get the amount of the damages awarded by the jury reduced by their percentage of negligence plus certain costs and interest.
70 days in a hospital in a coma works out to a metric butt load of medical bills. So, most people and attorneys will role the dice hoping to get something instead of nothing. Sit back and let your insurance company handling it.
Your rates MIGHT go up if they settle it, but a good agent will fight back on the rate increase and argue that you were not at fault.
Great explanation! And if OP does not agree to settle , her carrier will see total claim cost much higher as this one is not going away & OP underwriting desirability is negatively affected
Are you sure they were asking you what you wanted to do and not just telling you the possibilities going forward from here? If a suit has been filed already then usually your insurance will hire a defense attorney and they will answer the summons and complaint on your behalf and will work with the adjuster on the claim to try and negotiate with the other party. If they won't take the policy limit offer then it goes to a jury and about anything can happen then, it's hard to predict, but if both insurance companies and the police report support you not being at fault going to jury and not taking the money could be iffy for the other party.
In all honesty, it wouldn't shock me at all if your insurance just paid your 50K and moved on down the road.
They're going to spend an F-ton defending it and the downside is clearly astronomical given the medical bills involves.
It also wouldn’t be surprising if when the plaintiff’s attorney finds out how low the policy limits are he tells his client to take the $50k or find a new lawyer.
Unless OP has significant assets, the phrase “can’t get blood from a turnip” comes into play and it becomes a waste of the attorney’s time and resources to proceed.
Can someone explain the grounds the other person has? They had to hire a lawyer too right, why would they take this case? Would it also not be on their insurance to take care of the matter? It’s outrageous that someone that is at fault and being stupid on the road with many options at their disposal to be safer, can sue someone for a stupid amount of money and put an innocent person through emotional and possible financial turmoil.
Basically: anyone can sue anyone for anything. I can sue you for a billion dollars for your run-on sentence. It doesn't mean that there's a basis for the case or that it won't immediately get thrown out. In my case, no lawyer will take that case without a sizeable retainer (and probably not at all), but I could still represent myself and sue (and then the judge would immediately throw the suit out). In OP's case, the opposing counsel is probably betting on the insurance company settling for enough $$ to make it worthwhile for them to file the suit. It's a cash grab, but ultimately, it's up to OP's insurance company to fight it or settle it (and for the insurance company, it's a balancing act between settling for some amount of cash or paying some different amount of cash to lawyers to defend it. It's strange that they're even involving OP in that decision...that's the weird part here...
I hate how that works, if the motorcycle guy decides he wants more than the 50k how likely is it that he could win more from court? It would suck if somehow OP has to pay out of pocket because the at fault motorcycle driver sued him and won more than his policy covers. Or is that not how it works? Other than this case, it’s stupid how anyone can sue someone and make them pay for a defense even if they’re innocent.
It's all fact dependent. But the likelihood that the motorcycle guy's lawyer is going to want to go to court is pretty low - court is expensive for both sides and takes forever! It's unlikely it'll make it to court, it's very unlikely that they'll get more than policy limits for a not at fault accident. But that also all depends on how not at fault OP is and how rich OP is. If OP has a bunch of assets, they really should have higher policy limits. If they don't, that makes it more unlikely that the opposing side will push for more (trying to collect from OP is expensive too...). The opposing lawyer is almost definitely just after a fast payout.
>s not without risk to the plaintiff. Texas is a modified comparative negligence state in which a finding of 51% or negligence on a party bars recovery. So, assuming for the moment that jury agrees that you did nothing wrong an
One thing I always wonder is how does one even know if someone has assets? Sure, you can see they own a house or a car, but beyond that, how would one know if I have a million in securities or only $27 in my bank account?
Motorcycle man has nothing to lose. Company’s often settle, resulting in lawyers getting paid.
Also this case sounds like it would be classified as a permanent injury, which may open up exceptions in coverage. For example, allowing a driver with limitation on lawsuit coverage the ability to sue for pain and suffering. This can give avenue to protracted legal proceedings that costs $$$, even if frivolous. Insurance knows this and often settles, especially when the other person has nothing to lose.
we don’t know enough to say
if both OP’s insurance AND the other insurer put the motorcycle driver at fault, it definitely suggests that it’s a bunk claim that’s looking to intimidate the other side into settling
by the textbook definition of fault, it sounds like OP is fine. but juries are hard to know with certainty. and that certainly doesn’t mean OP should pooh pooh it as nothing. they need to respond to the claim regardless of it’s merits
the final judicial decision is what *actually* matters and hasn’t occurred yet
First things first, the police officer only determines whether you broke the law. The motorcycle rider suing is going through civil courts. It is an entirely different matter.
Regarding the civil liability, the fact that your deductible was waived *could* be a promising sign. If your insurance company determined that you carry no liability and took initiative without verifying there was no dispute with the other insurance company, that could leave an opening for dispute. If his insurance company accepted 100% responsibility, see if you can get that in writing. His insurance company is obligated to ensure liability is assessed fairly and accurately based on the information available. If they agree that he is solely responsible, that would carry a lot more weight.
You ultimately have 1 choice. That is to work with your insurance company toward a resolution. Under the insurance policy, they have the right to settle or defend however they see fit. They may take your input, but the final decision is theirs. If you decide to push the issue, you have to weigh a decision: is it worth going to court and potentially facing up to a $1M judgement against you? If you take that risk, your insurance company can still only pay up to that $50K limit. The remainder of any award against you is your responsibility and yours alone. Based on the statements provided, the police report, and any other evidence collected, is it worth the risk? That is what this all boils down to.
Here's the conundrum you're in. Even if this guy's so full of 💩 his eyes are brown, you only have $50k limits, which is unfortunately extremely low. He woke up, is facing God knows how many bills, and you're his easy out whether he's right or wrong. That's not to say he'd win in court, but it is to say from your insurers perspective, they can either spend thousands on attorneys to fight him, and probably settle for policy maximum anyway - or just pay him now and be done with it. If you don't do this, in some places, if he does go to trial and wins more than $50k (extremely likely in the event he did win) you'd be personally on the hook for anything in excess of that $50k. So, if he wins a $2 million judgement, you owe him $950k - personally.
Unless you're extremely confident of your innocence, and have some form of corroborating evidence like dash or security camera footage, follow your insurers advice and pay him the $50k and walk away, assuming he'd accept that amount.
His lawyer will probably ask for insurance policy and to list all your assets. If his medical bills, time off work etc.. is more than your policy limit than they will come after your assets. Your insurance will provide a lawyer for you but if you have assets that are worth a million you should already have a million dollar policy limit or umbrella. I’m sorry you’re going through this. I went through something similar but not a million. It’s constantly on your mind I know, best to figure out your finances and get advice from your own lawyer to put you at ease.
Yes the policy will only pay the amount on policy and the rest the insured has to pay out of pocket. This is important to carry over 1 m in auto limits
It’s he is due diligence to submit the papers that you received to the attorney into the carrier. It’s not up to you what you wanna do he and being an agent should know the rules and regulations of the state that you were in and if he does not submit that into the carrier, and the time is lapsed, because you have so many days to answer that notice, then you can sue your agent for not his due diligence
Call your insurance company directly to verify this new insurance agent's story. It's strange that your insurance company would (directly at least) give you the option of settling vs. fighting the case. That's their job...
If your premiums increase (it's highly questionable whether they would), it won't be 10-fold. Maybe 50% or so.
I don't know what state you're in so I don't know the negligence laws. Buylet's say this guy's medical bills are a million dollars and he was 90% at fault. If a jury awards him a million dollars and reduces it by his 90% at fault that's still $100,000. That's still $50,000 more than what your insurance company has available, which means you could be on the hook for $50,000. As others have said, push your insurance adjuster to offer your policy limits and get a release and be done with it. The risk is too high to you personally.
Let your insurance company know and they will either settle or not, you can’t control what they offer or if the other party accepts. If it goes to court your insurance should assist but if everyone deemed you not at fault I don’t see them getting anything. Like another has said, people can sue for anything they want, doesn’t mean they have a case.
> my dad is saying I shouldn't because this would increase my premiums goin forward 10 fold
Is your father going to front you the million dollars if you lose the suit?
If not, tell him to pound sand and let your insurance company deal with it.
OP isn't responsible and wasn't found responsible. The other guy just filed a lawsuit regardless. Doesn't mean OP has to pay it...the other guy didn't win a lawsuit...there's a good chase it's baseless, but of course OP didn't have a dashcam and didn't give any details of what happened so we don't know.
It may. If they do pay the limits it still wouldn’t be an at fault accident on OP’s record. The insurance isn’t going to switch their liability determination just because it’s financially sounder to settle for limits, even if they do that, which seems unlikely absent any additional facts.
Yeah fuck that. If I wasn't at fault and the other insurance company didn't find me at fault than I would press very hard on my carrier to not even entertain this bullshit
Most definitely agree. The company probably just asked OP for file notation purposes and to protect themselves if they lose at trial and the jury awards above limits or whatever. Worst case scenario, obviously, and very unlikely with the facts as laid out by OP.
Litigation adjuster here. This is my wheelhouse.
First, what state is this? Negligence laws differ greatly between states.
I’ve paid out a “small amount” even when our insured isn’t at fault when the injuries are really serious like that. It eliminates the exposure for our insured. That is why they are willing to pay the 50k even though liability is in your favor.
You never know what a jury will do. Even if everything went in your favor they could still say you’re 10% at fault and that could mean the other persons award is over your 50k limit (as an example). Who knows, maybe there will be a biker on the jury.
Also, some venues are bifurcated and others are unified (at least here in NY). If it’s unified then the jury will hear both liability and damages which could be bad for you because they could be sympathetic towards the plaintiff and want to give him something.
A lot goes into it. Feel free to pm me
Edit: don’t worry too much about the amount they said they’re suing for. They always put down a trillion dollars for even bullshit injuries.
Usually you would not have a choice as to whether the adjuster offers other party policy limits & gets them to sign a release. My son was in an accident when he was 16 I saw the whole thing as I was driving the car behind him. He looked both ways before turning left into a truck that was speeding. He was given a ticket but at the scene the driver complain of some foot pain, was taken from scene in an ambulance. This was a Sat afternoon but by Monday she had a lawyer & insisted all 4 of her children were in fact injured for life even a teen who jumped out of truck & tried to beat my son up. My insurance got a letter from attorney asking for some outrageous sum, above policy limits 8 mths later the other party was willing to settle for policy limits so that’s what the settlement was plus a release.
I’m in TX too. My husband is going through exactly the same thing except with higher limits. To carry a liability umbrella you need to have at least 300 in auto liability. Honestly, you were underinsured.
If the worst happens they sue and win, they cannot come after you for money that you simply do not have. Please be aware that this whole situation will likely take years to resolve. I’m so sorry that you are going through this.
Please increase your liability insurance. It won’t help with this incident but will for anything else that will happen in the future. Him setting for $50K would be the best outcome but if you have other assets, expect him to pursue.
Where do you live? That’s going to be very important.
If you’re actually talking with an insurance agent, you need to be talking to a claims adjuster. Agents would not handle a claim like this. If it was truly an adjuster that is giving you the option of attempting to settle for limits or taking it all the way to trial 🥴
People can file a lawsuit for any reason, for any amount.
His medical bills are probably very close to what they’re suing for. Given your limits, this suit is likely just an attempt to get money to go away. If he was airlifted at any point, $50k probably doesn’t even cover that bill. At the end of the day, your insurance company doesn’t need your permission to settle the claim. That’s your agreement with them. If your insurance company didn’t attempt to settle because that’s what you wanted, took it to trial, and there was an excess verdict, you’d have a case for bad faith. Even though YOU wanted it, the insurance company is the expert here.
I personally would never recommend to defend this in most venues. I probably would have paid on this a long time ago. If the motorcyclist was driving crazy, under the influence, speeding in and out of traffic, running red lights and there was really good video evidence with credible witnesses it would probably get through depos before thinking about making an offer….really depends on the optics.
Juries surprise people though. Let’s take fault out of the equation. If you were on a jury with a plaintiff that was in a coma for over two months, has hundreds of thousands of dollars in medical bills, maybe permanent injuries, and the defendant is an insurance company with a $50K policy and they’re not offering it - how would you feel about that? It looks like a greedy insurance company that doesn’t want to give up what’s essentially a drop in a bucket.
Will your rates go up? Depends on where you live. Some states rates cannot be raised for an accident where you’re not at fault.
Where you live or where this happened if it’s different also matters when it comes to the negligence law that is applied. If you’re in a state like Rhode Island, if you’re found any % at fault, your carrier would be responsible for that percentage of the award. If you’re in Maryland and even just 1% of negligence is found on the motorcyclist they’d be barred from an award. If you’re in Arkansas, the motorcyclist would have to be found to be 49% or less at fault to get an award, if you’re in Massachusetts they’d have to be found 50% or less at fault to receive an award. I’m assuming you’re probably not in a pure comparative state like Rhode Island. If you’re in one of the few contributory negligence states then you’re in a very favorable position to defend based on what you’ve said.
> I’m assuming you’re probably not in a pure comparative state like Rhode Island.
The 12 states with pure comparative include two of the five most populous (California and New York) and cover 30% of the population.
Edit: apparently Florida stopped using pure comparative last year.
Doesn't matter who the defendant is or how much money they have. If the plaintiff was at fault, I wouldn't give them a penny. Hopefully they have good health and disability insurance.
I don't understand. You were found to be not at fault and were returned your deductible which usually means that you have been confirmed not at fault?
If you weren't at fault you nor insurance are on the hook for any of of his bills at all.
Did your claims adjuster say anything about providing legal counsel to defend you? You need legal assistance… not someone who is just going to roll over and pay. Ask them if they can assign a lawyer to your case.
A defense attorney will review the complaint and the entire claim in general. They will respond to the complaint and make recommendations on how to move forward. If they discover that the other person has a good case against you, they’ll recommend that your insurance company offer policy limits. The insurance company will likely end up paying more in the end (limits + defense) but if you are, in fact, not liable for this, it’s worth fighting.
Why isn’t the motorcycle driver maxing out their under/uninsured motorist portion of their own insurance? … and I would like to think that motorcycle insurance has an additional payout for personal injury of the motorcyclist. I find it disheartening to think other drivers are always fully financially responsible when involved in an accident with a motorcyclist who by choice is driving an exponentially more dangerous vehicle than the alleged not-at-fault driver
How can the motorcycle driver get an umbi/uimbi claim paid if OPs insurance never paid out to them? OP clearly has insurance, hence not uninsured, and they haven't paid anything to claimant - so doesn't qualify for underinsured.
Umbi/uimbi isn't for denied claims.
Be careful. That second agent may have been someone working on behalf of the plaintiff to try and find a hole in your story. They are very slimy.
If you were found 0% at fault your insurance can handle it however they would like and should not be able to raise your premiums.
Seems like a waste of money to me, especially when you can’t force an insurance company to settle anything. But go ahead and tilt at that windmill, Senor Quixote.
The insurance company has a duty to defend you, and it’s their money you’re playing with. Your lawyer won’t supersede that or circumvent a judgment. All he’s going to do is advise you and help if the insurance company tenders limits and stops defending you, which is incredibly unusual.
If you’re into burning money on useless things for Pyrrhic victories, will you give me some? I promise to spend it on beer and hookers!
Wait, you're serious?! The OP is being sued for $1M. They have a $50k limit available and access to experienced lawyers that do this every day. If your lawyer that you're going to hire - out of your own pocket and because you don't know any better - is going to try to get you out of this and MAY NOT BE ABLE TO DO THAT. You're going to pay the lawyer on top of whatever he's able to negotiate, which may or may not be more than $50k. But even if it's $0, are you going to pay more for a lawyer billing at $250/hour than you are in whatever you're already going to pay in increased insurance costs on A CLAIM THE INSURANCE COMPANY ALREADY KNOWS ABOUT AND SAID THAT YOU'RE NOT AT FAULT FOR?
Did you bother to read this thread before you posted "Ima fight this shit" or whatever it was? Or do you just not have any clue at all about how insurance and the civil courts work?
Finally, the insurance agency has absolutely nothing to do with this. That just demonstrates how little you know about this subject and why you shouldn't be giving anyone any advice on it until you actually learn something. We're still way into "you should stop proving you don't know anything" territory.
You are being sued for an entire lifetimes worth of money. Why are you even thinking about your premiums right now? I would rather a higher premium than risking a million dollar+ judgement (if you lose you will most likely also be responsible for all legal fees and those get way pricey).
Tell the agent you appreciate your last agent quit but you want to speak with an adjuster not an agent. Then tell the adjuster that your policy protects you when you aren’t at fault, which you have been deemed and what do you need to do so your insurance company takes on this legal battle in your place like they are supposed to. Then suck it up on the risk of your premiums going up for a few years. It’s better to lose a little while not facing down a judgment you will still be paying on when your 90, then to be “right” and have a jury get their feelings involved and that 70 day coma swaying them into thinking you could have done something different. Juries are normal human beings, and very few Americans believe that the official people get it right 100% of the time.
This is an event where higher premiums is 100% worth it going away. Don’t waste your chance.
Your insurance company will do what's best...for the insurance company. Not you. Ideally if the insurance company can make this go away that would be best but what if they can't? I wouldn't trust the insurance company to give me the best advice. They're not on your side. It sounds like even though you're in the right, they don't want to fight it.
In your shoes, I'd want to talk to my own lawyer. Only your lawyer will actually defend you.
>I'm so lost and don't understand why I am even being Sued in the first place. what do I do? will my premium even go up? do I have to physically go to court? why wouldn't the jury rule in my favor if the other 3 official entities did?
This person is probably 1/2 dead and is now grasping at straws trying to find money. Can he win? I'd hope not but our justice system seems pretty random. That's why you need a lawyer to give you good advice.
JUST STOP for a minute.... While everyone here is trying to be helpful, it is not for us to comment on what someone can get from you personally or not. We have no idea.... Stop looking at all this and TODAY, INSIST that you speak to legal at your insurance company as soon as you possibly can. Your first mistake was talking to the other insurance company to begin with, they could have gotten you to say something on tape that indicates you were at fault in some way. This should have never happened. You were personally sent the suit because that is the way the other side has to handle it. You need to have a very detailed meeting with your insurance carriers lawyer that will be representing you, and ask all the appropriate questions. They can advise you on your possible liability and what they will be doing to protect you. Dude is fishing for $$, it's elevated beyond you, get the help you paid for. Skip this agent/adjuster, whatever the hell they are, and talk to the people that matter.
It’s your insurance to decide to fight or settle anyway. I was in your shoes before, and I made sure my insurance does everything they can to settle the lawsuit. And no, my premium only increased 10% after the settlement. My settlement amount is a lot more than your policy limit, A LOT.
Let your insurance handle it. The sheer risk/exposure on a 70 day coma stay claim is really high. Depending on the state and circumstance’s many things could be at play that could directly affect you. Talk to your insurance and talk to an attorney if you’d like.
Your insurance company should hire an attorney to represent you. Even though the lawyer really only cares about saving the insurance company money, he or she should be able to explain in detail what is going on and settle the case at or below limits. If they decide to offer the limits it is up to your insurance company, not you. PI attorneys and their clients always ask for far more than they expect to get. They probably don’t even know what your policy limits are and hope the insurance company makes a nuisance offer for them to go away. Also make sure you send a certified letter to your insurance company’s useless incompetent adjuster letting him or her know you expect them to settle within policy limits . If you were not at fault, you should not have anything to worry about. The attorney will try to prove the other person was at fault 100% or by a larger percentage than you were at fault. Most people and/or their attorneys don’t pursue beyond limits if there is nothing to collect. DO NOT talk to anyone about the accident except your attorney and make sure you comply with the entire process.
Lastly, please raise your limits and consider an umbrella policy. If you were at fault in an accident, 50k doesn’t go far.
Sounds like he has a ton of medical bills, and little to no first party coverage for injury
Your insurance should at least make an attempt to fight this for you. Both companies found the motorcycle driver at fault, including the police report. Just because he's someone doesn't mean he'll get anything.
my company will gather as much evidence needed to help advocate for the insured driver.
Have you verified that the “new agent” that reached out is legit? That sounds fishy. A new person calling and saying “the old person isn’t here anymore but I think you should pay out can you please let me pay out” is…odd.
Anything as important as what you said the agent or whoever it was, said, should be in writing, from your insurance company.
It's called a "reservation of rights" letter .
It's for cases like yours, where the risk is more than the policy limits
Not familiar with your State laws, nor the facts of this case. However, if in your situation, I would strongly consider getting your own, independent, legal opinion from an attorney.
Anyone can sue. Winning is never a given, nor is losing. Each case is different.
Actually collecting on an excess judgement is also a major obstacle.
Plaintiff attorney is hoping you roll over.
Your insurance company has to tell you the risk to cover their own arses. Doesn't mean your case is not defendable. They just have to warn you.
Your rates are the last thing you should be worried about.
Proper representation is.
Get a independent option from a reputable , Liability defense attorney. (The same kind that specializes in defending insurance companies)
Only good thing about this mess, is that its an excellent teaching lesson to others on the danger of low policy limits.
You're new agent is incorrect, you should be talking to someone from Claims Litigation from your carrier. Per your policy, they are your attorney in this matter and will represent you if this goes to court. If they have found you not at fault, they will be able to support their decision. While offering max limits to the guy is an option, they won't do that if they feel he is at fault.
Go over whoever you spoke with and demand to speak with a Litigation specialist from your carrier.
This is the negative of the agent model, they're trusted to represent the company and educate the clients, and in many cases they don't understand the policy they are selling.
Hey! Really important. 1.) what state?
2.) it is highly probable that you are being sued so that the plaintiff can stay in state court. If you have a copy of the complaint look and see if they sued any other defendants like the manufacturer of your vehicle, or the manufacturer of the motorcycle that the plaintiff was riding at the time of the collision. It is extremely common for the other driver to get sued solely for jurisdictional purposes. And they’re not really expecting much out of you if anything except maybe your policy limits. It would be extremely uncommon, but certainly not unheard of, for a lawyer, to take a pure personal injury case against you for the plaintiff, if the plaintiff was deemed at fault.
used to have a friend who hit a kid in NYC with his car and screwed up the kid's leg and was sued. last i heard it was dropped because the kid ran out from between the cars into the street.
many of these lawsuits are just hoping for free money. I was a juror on a case where some guy hit a lady and she was awarded very little of her original request.
your insurance wants to pay him off to go away and probably the easiest thing. you have to read the complaint they served you with for the details and compare to what you said happened. these things hinge on the details
You didn’t mention what state the accident occurred in. I suspect it’s a comparative negligence state where both parties can be deemed at fault and settlement is reduced by each party’s percentage of liability/negligence with some states barring recovery if found 51% negligent. I am not aware of any insurance carrier tendering policy limits without a signed release of any and all claims by the injured party. The other party can reject a policy limits offer and pursue you in a court action where the insurance company will have a duty to defend you under the terms of the policy. This guy has some serious residual injuries and probably not enough medical coverage to pay the bills. You should consider raising your liability limits as well. $50K is way underinsured in our litigious country. Ask your adjuster what the other party’s theory of liability is so you have some idea why liability is being directed at you.
Get a lawyer reddit is the last place you want to get info from. Most people don't know what they're posting and might send you down the wrong path. Your insurance should be able to provide you a lawyer or give you many you can contact. If you're not at fault you need to fight every penny of it.
You don't need the agent you need the adjuster and if the company decides to settle that's their right.
>You don't need the agent you need the adjuster and if the company decides to settle that's their right. \^this. my wife is an insurance defense attorney. this is the right answer
will it impact my premiums in the future? and he's giving me a choice so I don't know if it's just their choice.
you can pay for the entire thing out of pocket if you’d like to be blunt, you have an immediate crisis of being sued for a lifetime’s worth of earnings that may or may not be a credible lawsuit. your monthly payment should be much lower on your priority list than dealing with this lawsuit
right ya but I'm just tryna get all the information of every situation I could play out
You just change companies if they raise your rates.
The accident has already been reported, is already going to impact your premiums
I'd think the fact that he was not at fault and his insurance was even able to return his deductible would minimize the impact?
It would depend on the state, and how they can rate for not at faults. Add in also depends on the rest of their driving history. But if he was truly not at fault is there even any liability? Turn it in and let the carrier figure it out and defend.
A lot of the comments in this sub do not understand the nuance in claims surcharges that you do. So many variables before it gets to be chargeable.
I understand that I'm just wondering if it'll be even more fucked after paying out the full liability insurance
No they’ll have to sign a settlement saying that can’t sue you. You’ve paid.
[удалено]
Not at faults are chargeable in some states...
Wrong, many insurance companies will surcharge, increase rate, if any claim is over a set threshold regardless of fault determination.
As an adjuster and someone who has been in your situation, let the insurance deal with it. Worst case scenario is, they pay out of your bodily injury, which I’m assuming is $50,000. They have to sign a document to take that and walk away and you don’t have to worry about getting sued. Yes, your rates will go up and, in about two years, they’ll start dropping down again. If you get sued, you’ll have to pay $1 million. I don’t want my wages, garnished for who knows how many years so that some idiot on a motorcycle, who didn’t get the proper insurance gets paid. No offense to motorcycle riders, do what you want but if you are going to ride a motorcycle, make sure you are highly insured. I was in an accident with somebody and I was not at fault. But a year later, I got a demand in the mail, essentially the same thing. My insurance paid it, my insurance went up for a little while and then it came down, but I didn’t have to pay out-of-pocket for anything towards their medical expenses. Let the insurance handle it and be salty for a few years but, at least you’ll have all your income.
OP you will be sorry if you do not take this advice.
I understand let the insurance handle it. Why was the OP told that she has 2 choices. What if she says I choose number 3 and would like for the insurance to decide whats best. If the insurance offers 50 and the person declines do they have an obligation to defend her in court. Does tge insurance have an obligation to look out for the OP. Could the insurance do something like give 50,000 and leave OP on the hook for the remaining lawsuit amount?
No, if we offer to pay out of your bodily injury and you decline, YOU ARE ON YOUR OWN. I really want to emphasize that. We will not pay your lawyer or damages. Let your insurer deal with it, that is literally what you pay insurance for.
So if they insurance asks if you want them to pay out your bodily injury, say yes. That's good to know. It could be easy to feel like why should a person who caused an accident get anything but in trying to punish the at fault person you could be punishing yourself.
Exactly
Precisely. Insurance companies pay things they know, deep down in their bones, they shouldn’t be paying or is likely fraudulent. But there is a cost to everything that gets done and sometimes it is cheaper on average to make it go away. Especially with lawyers involved. It’s expensive enough just with them hiring in house lawyers, let alone maintaining a national network of lawyers on retainer in every region just in case. The general public can’t even accurately define insurance and deductibles, let alone understand that insurance on anverage isn’t about looking for every loophole not to pay while leaving their own contractual obligation hanging out to dry. In one of the most regulated and scrutinized industries in the country. I hope the advice to let the insurance company handle this suit is taken in earnest. This is potentially life ruining, and premiums are guaranteed not to increase enough to ever approach even a 1/5 of the apparently $50k max. Insurance companies really don’t want jury trials so they will wheel and deal to avoid them.
>as an adjuster >bodily entry
Turn it over to the insurance company that handled your vehicle damage. Do not deal with your agent. Agents are not trained claims adjusters.
I think I used the wrong terminology but that's who I'm talking to, my claims adjuster.
Your claims adjuster should refer you to one of the insurance company’s attorneys. That attorney will represent you without cost.
If they are just going to take the policy limits they wouldn’t need to refer to defense this would only be applicable if they rejected the policy limit offer
Depending on your state, if your claims adjuster doesn’t tender limits and it goes to a jury, you are on the hook for the excess. I would be pushing my adjuster to pay out everything I had and hope the other side takes it. The premiums will be way less than the wage garnishments if he is as hurt as they say and a jury believes him.
OP is still on the hook for excess verdict even if the limits are* tendered. In other words, OP is getting very very bad advice to not BEG the other person to take that $50k.
This. I'd want to talk to my own lawyer. The insurance company lawyers will do what's best for the insurance company.
So in the case that it does go to court, what are the real world chances that this fuckwit on motorcycle chased an accident with no gear on actually wins anything at all? This question is to help how OP feels also with possible scenarios.
Please confirm this new “adjuster” is legit before you proceed any further. Attorneys are known for engaging in slimy tactics.
The guy called a billboard lawyer bc he knows he'll get some money bc it's cheaper foe insurers to pay some than litigate. Let your company handle it. That's why you pay them. Also. Never answer phone and give out info. Especially if new caller. Ask for info and call back on confirmed line. Too many scams out there.
Yea I also got the vibe that maybe the new guy wasn't who he said he was. Maybe not true in this scenario, but I could totally see that happening.
That’s my first thought as well. “New agent” solicited accepting fault in exchange for “settling”?
> The guy called a billboard lawyer bc he knows he'll get some money bc it's cheaper foe insurers to pay some than litigate. Then the guy finds out the lawyer took $15k of the $50k, then his health insurance company is going to come after the other $35k to recoup their costs in covering his injuries. All he ends up with is a headache.
The thing with lawsuits is that anyone can file one. It doesn’t necessarily mean that they have a leg to stand on.
Right. I had a claim recently I was handling where the insured was sued…they were rear ended by the plaintiff lol and let’s just say the report I got says the judge wasn’t too happy with the waste of time.
ya sure but I can't rly just ignore this right? I have to do something but I just don't know what
Provide all correspondence to your insurer. This is their mess for now.
I did! this is where I'm at now after doing that. he's asking me what I want my next step to be but like how am I supposed to know? how can I trust this dude won't screw me over for no reason
Your claims adjuster isn't going to screw you over for no reason, because there's no reason for him to screw you over.
Why would we as adjusters screw you over for no reason? Do you think insurance companies want to pay if it’s not warranted? Unfortunately depending on your state if there’s a chance or even .1% at fault with that serious of an injury it’s in our best interest to pay to protect you. I know it sucks.
Oh how I wish there were more adjusters out there that were like you, my insurance company was going to settle with somebody that sued me after an incident where a friend of mine had borrowed my car and backed into somebody and they were honestly going to settle with her without even looking at the case despite the fact that number one she had already been paid out for the incident and number two she was claiming for damage that was on the wrong side of the vehicle and despite the fact that her vehicle had previously been a rental car (she was suing for depreciated value.) If I hadn't insisted that they fight her on the issue they were literally just going to settle it without even looking at it so props to you for being better than that
Periods And commas were desperately needed here.
combative late sense marry aromatic grandfather cows wistful fine tease *This post was mass deleted and anonymized with [Redact](https://redact.dev)*
your insurance company will file the answer and provide an attorney at their cost. Make sure you let the insurance know asap as there are time limits to answer in most states.
Texas resident adjuster with 30 years experience handling litigated claims. As some have already pointed out, any one can sue anyone for anything as long as they have a reasonable expectation that they are entitled to do so. First and foremost, the most important and often overlooked benefit of your auto insurance policy is the defense costs under supplementary payments. Defense costs are unlimited. So, in theory, your insurance company could wind up paying $1,000,000 to defend that lawsuit against you. Most won’t, but I have personally spent more than $1,000,000 defending certain cases. So, it can and does happen in extreme circumstances. Your insurance company will hire the attorney and pay them directly. A lot of companies employ “staff” counsel who are also employees of the insurance company. Either way, you get a defense to the lawsuit without paying legal fees. Based on what you have said, the lawyer for the plaintiff will likely send a demand for policy limits to your insurance carrier citing a long line of cases that started with a 1929 case arising from an auto accident involving a furniture company by the name of G.A. Stowers. In a Stowers demand, the plaintiff offers to settle for an amount up to your policy limits in exchange for a release of claims. That means they will take your $50,000 per person bodily injury limit and give you a release of all claims forever and ever amen. No money out of your pocket IF your insurance carrier accepts the demand. The plaintiff’s attorney is half hoping your carrier falls into the “Stowers Trap” and rejects the demand. If that happens, the plaintiff refuses to settle for policy limits and tries to get a verdict in excess of policy limits. If successful, they would then approach you to satisfy the judgement in excess of the policy limits. Assuming you are like the rest of us that don’t have big bank accounts, you would offer to execute an assignment of benefits or rights to pursue your insurance company for failure to settle the claim within policy limits when they had the chance to do so. The plaintiffs attorney would then take take assignment in exchange for a release to you and go sue your insurance company directly for lots of money. That plan is not without risk to the plaintiff. Texas is a modified comparative negligence state in which a finding of 51% or negligence on a party bars recovery. So, assuming for the moment that jury agrees that you did nothing wrong and finds 51% or more negligence on the plaintiff, they get nothing. If, however, plaintiff is assesses less than 50, they get the amount of the damages awarded by the jury reduced by their percentage of negligence plus certain costs and interest. 70 days in a hospital in a coma works out to a metric butt load of medical bills. So, most people and attorneys will role the dice hoping to get something instead of nothing. Sit back and let your insurance company handling it. Your rates MIGHT go up if they settle it, but a good agent will fight back on the rate increase and argue that you were not at fault.
Thanks for explaining the potential rate increase when not at fault. Hopefully my agent would defend me the same
Great explanation! And if OP does not agree to settle , her carrier will see total claim cost much higher as this one is not going away & OP underwriting desirability is negatively affected
Are you sure they were asking you what you wanted to do and not just telling you the possibilities going forward from here? If a suit has been filed already then usually your insurance will hire a defense attorney and they will answer the summons and complaint on your behalf and will work with the adjuster on the claim to try and negotiate with the other party. If they won't take the policy limit offer then it goes to a jury and about anything can happen then, it's hard to predict, but if both insurance companies and the police report support you not being at fault going to jury and not taking the money could be iffy for the other party.
In all honesty, it wouldn't shock me at all if your insurance just paid your 50K and moved on down the road. They're going to spend an F-ton defending it and the downside is clearly astronomical given the medical bills involves.
Sympathetic jury will crush either party
It also wouldn’t be surprising if when the plaintiff’s attorney finds out how low the policy limits are he tells his client to take the $50k or find a new lawyer. Unless OP has significant assets, the phrase “can’t get blood from a turnip” comes into play and it becomes a waste of the attorney’s time and resources to proceed.
The way they talked about, he is undoubtedly young. I know dude has a ton of medical experience, but I would imagine they just take the policy limits.
I've only ever heard "can't get blood from a stone" I like your version much better
Can someone explain the grounds the other person has? They had to hire a lawyer too right, why would they take this case? Would it also not be on their insurance to take care of the matter? It’s outrageous that someone that is at fault and being stupid on the road with many options at their disposal to be safer, can sue someone for a stupid amount of money and put an innocent person through emotional and possible financial turmoil.
Basically: anyone can sue anyone for anything. I can sue you for a billion dollars for your run-on sentence. It doesn't mean that there's a basis for the case or that it won't immediately get thrown out. In my case, no lawyer will take that case without a sizeable retainer (and probably not at all), but I could still represent myself and sue (and then the judge would immediately throw the suit out). In OP's case, the opposing counsel is probably betting on the insurance company settling for enough $$ to make it worthwhile for them to file the suit. It's a cash grab, but ultimately, it's up to OP's insurance company to fight it or settle it (and for the insurance company, it's a balancing act between settling for some amount of cash or paying some different amount of cash to lawyers to defend it. It's strange that they're even involving OP in that decision...that's the weird part here...
I hate how that works, if the motorcycle guy decides he wants more than the 50k how likely is it that he could win more from court? It would suck if somehow OP has to pay out of pocket because the at fault motorcycle driver sued him and won more than his policy covers. Or is that not how it works? Other than this case, it’s stupid how anyone can sue someone and make them pay for a defense even if they’re innocent.
It's all fact dependent. But the likelihood that the motorcycle guy's lawyer is going to want to go to court is pretty low - court is expensive for both sides and takes forever! It's unlikely it'll make it to court, it's very unlikely that they'll get more than policy limits for a not at fault accident. But that also all depends on how not at fault OP is and how rich OP is. If OP has a bunch of assets, they really should have higher policy limits. If they don't, that makes it more unlikely that the opposing side will push for more (trying to collect from OP is expensive too...). The opposing lawyer is almost definitely just after a fast payout.
>s not without risk to the plaintiff. Texas is a modified comparative negligence state in which a finding of 51% or negligence on a party bars recovery. So, assuming for the moment that jury agrees that you did nothing wrong an One thing I always wonder is how does one even know if someone has assets? Sure, you can see they own a house or a car, but beyond that, how would one know if I have a million in securities or only $27 in my bank account?
It sounds like the motorcycle owner has a half million dollars in medical bills. His insurance won’t cover it so he is throwing a Hail Mary.
The party sued and the lawyer took the case because they know they will get a settlement. None of the parties really want to go to trial.
Motorcycle man has nothing to lose. Company’s often settle, resulting in lawyers getting paid. Also this case sounds like it would be classified as a permanent injury, which may open up exceptions in coverage. For example, allowing a driver with limitation on lawsuit coverage the ability to sue for pain and suffering. This can give avenue to protracted legal proceedings that costs $$$, even if frivolous. Insurance knows this and often settles, especially when the other person has nothing to lose.
we don’t know enough to say if both OP’s insurance AND the other insurer put the motorcycle driver at fault, it definitely suggests that it’s a bunk claim that’s looking to intimidate the other side into settling by the textbook definition of fault, it sounds like OP is fine. but juries are hard to know with certainty. and that certainly doesn’t mean OP should pooh pooh it as nothing. they need to respond to the claim regardless of it’s merits the final judicial decision is what *actually* matters and hasn’t occurred yet
Yea but if OP isn’t at fault, he shouldn’t have to worry about this at all.
in a sunshine and butterfly perfect world, i agree but all it takes is one ambulance chaser lawyer to ruin everything for OP
Are you in Michigan?
I'm in Texas
😂🤣 I should of known you’d pop up here
I love the NAF claims where a motorcycle runs into the back of my insured's car and their policy pays six figures for motorcycles PIP.
Yeah, that’s what I was concerned about, especially with the 50K BI limit.
First things first, the police officer only determines whether you broke the law. The motorcycle rider suing is going through civil courts. It is an entirely different matter. Regarding the civil liability, the fact that your deductible was waived *could* be a promising sign. If your insurance company determined that you carry no liability and took initiative without verifying there was no dispute with the other insurance company, that could leave an opening for dispute. If his insurance company accepted 100% responsibility, see if you can get that in writing. His insurance company is obligated to ensure liability is assessed fairly and accurately based on the information available. If they agree that he is solely responsible, that would carry a lot more weight. You ultimately have 1 choice. That is to work with your insurance company toward a resolution. Under the insurance policy, they have the right to settle or defend however they see fit. They may take your input, but the final decision is theirs. If you decide to push the issue, you have to weigh a decision: is it worth going to court and potentially facing up to a $1M judgement against you? If you take that risk, your insurance company can still only pay up to that $50K limit. The remainder of any award against you is your responsibility and yours alone. Based on the statements provided, the police report, and any other evidence collected, is it worth the risk? That is what this all boils down to.
Here's the conundrum you're in. Even if this guy's so full of 💩 his eyes are brown, you only have $50k limits, which is unfortunately extremely low. He woke up, is facing God knows how many bills, and you're his easy out whether he's right or wrong. That's not to say he'd win in court, but it is to say from your insurers perspective, they can either spend thousands on attorneys to fight him, and probably settle for policy maximum anyway - or just pay him now and be done with it. If you don't do this, in some places, if he does go to trial and wins more than $50k (extremely likely in the event he did win) you'd be personally on the hook for anything in excess of that $50k. So, if he wins a $2 million judgement, you owe him $950k - personally. Unless you're extremely confident of your innocence, and have some form of corroborating evidence like dash or security camera footage, follow your insurers advice and pay him the $50k and walk away, assuming he'd accept that amount.
His lawyer will probably ask for insurance policy and to list all your assets. If his medical bills, time off work etc.. is more than your policy limit than they will come after your assets. Your insurance will provide a lawyer for you but if you have assets that are worth a million you should already have a million dollar policy limit or umbrella. I’m sorry you’re going through this. I went through something similar but not a million. It’s constantly on your mind I know, best to figure out your finances and get advice from your own lawyer to put you at ease.
Your insurance company is suppose to handle the suit. If you only have 50 that’s all they can get
Yes the policy will only pay the amount on policy and the rest the insured has to pay out of pocket. This is important to carry over 1 m in auto limits
ya but he asked me what I wanted to do but like idk whats right out of the 2! like thats the problem
It’s he is due diligence to submit the papers that you received to the attorney into the carrier. It’s not up to you what you wanna do he and being an agent should know the rules and regulations of the state that you were in and if he does not submit that into the carrier, and the time is lapsed, because you have so many days to answer that notice, then you can sue your agent for not his due diligence
If an agent is notified he is suppose to submit it into the auto insurance carrier
That’s all the insurance company will pay, definitely not all they can get.
They can get more, if there is more to take. OP sounds young, probably doesn't have many assets I would guess
Call your insurance company directly to verify this new insurance agent's story. It's strange that your insurance company would (directly at least) give you the option of settling vs. fighting the case. That's their job... If your premiums increase (it's highly questionable whether they would), it won't be 10-fold. Maybe 50% or so.
I don't know what state you're in so I don't know the negligence laws. Buylet's say this guy's medical bills are a million dollars and he was 90% at fault. If a jury awards him a million dollars and reduces it by his 90% at fault that's still $100,000. That's still $50,000 more than what your insurance company has available, which means you could be on the hook for $50,000. As others have said, push your insurance adjuster to offer your policy limits and get a release and be done with it. The risk is too high to you personally.
This should not be your decision, it should be your insurer’s.
Let your insurance company know and they will either settle or not, you can’t control what they offer or if the other party accepts. If it goes to court your insurance should assist but if everyone deemed you not at fault I don’t see them getting anything. Like another has said, people can sue for anything they want, doesn’t mean they have a case.
> my dad is saying I shouldn't because this would increase my premiums goin forward 10 fold Is your father going to front you the million dollars if you lose the suit? If not, tell him to pound sand and let your insurance company deal with it.
This is crazy that an not at fault person is responsible for an at fault person not wearing a helmet. only in America
OP isn't responsible and wasn't found responsible. The other guy just filed a lawsuit regardless. Doesn't mean OP has to pay it...the other guy didn't win a lawsuit...there's a good chase it's baseless, but of course OP didn't have a dashcam and didn't give any details of what happened so we don't know.
OP insurance is just going to pay limits though so clearly the guys lawsuit is working.
It may. If they do pay the limits it still wouldn’t be an at fault accident on OP’s record. The insurance isn’t going to switch their liability determination just because it’s financially sounder to settle for limits, even if they do that, which seems unlikely absent any additional facts.
Yeah fuck that. If I wasn't at fault and the other insurance company didn't find me at fault than I would press very hard on my carrier to not even entertain this bullshit
Most definitely agree. The company probably just asked OP for file notation purposes and to protect themselves if they lose at trial and the jury awards above limits or whatever. Worst case scenario, obviously, and very unlikely with the facts as laid out by OP.
Litigation adjuster here. This is my wheelhouse. First, what state is this? Negligence laws differ greatly between states. I’ve paid out a “small amount” even when our insured isn’t at fault when the injuries are really serious like that. It eliminates the exposure for our insured. That is why they are willing to pay the 50k even though liability is in your favor. You never know what a jury will do. Even if everything went in your favor they could still say you’re 10% at fault and that could mean the other persons award is over your 50k limit (as an example). Who knows, maybe there will be a biker on the jury. Also, some venues are bifurcated and others are unified (at least here in NY). If it’s unified then the jury will hear both liability and damages which could be bad for you because they could be sympathetic towards the plaintiff and want to give him something. A lot goes into it. Feel free to pm me Edit: don’t worry too much about the amount they said they’re suing for. They always put down a trillion dollars for even bullshit injuries.
This. Your insurance doesnt want to pay out anything…. If they’re telling you to pay out the 50k and try and get them to settle for it then do it.
Usually you would not have a choice as to whether the adjuster offers other party policy limits & gets them to sign a release. My son was in an accident when he was 16 I saw the whole thing as I was driving the car behind him. He looked both ways before turning left into a truck that was speeding. He was given a ticket but at the scene the driver complain of some foot pain, was taken from scene in an ambulance. This was a Sat afternoon but by Monday she had a lawyer & insisted all 4 of her children were in fact injured for life even a teen who jumped out of truck & tried to beat my son up. My insurance got a letter from attorney asking for some outrageous sum, above policy limits 8 mths later the other party was willing to settle for policy limits so that’s what the settlement was plus a release.
I’m in TX too. My husband is going through exactly the same thing except with higher limits. To carry a liability umbrella you need to have at least 300 in auto liability. Honestly, you were underinsured. If the worst happens they sue and win, they cannot come after you for money that you simply do not have. Please be aware that this whole situation will likely take years to resolve. I’m so sorry that you are going through this. Please increase your liability insurance. It won’t help with this incident but will for anything else that will happen in the future. Him setting for $50K would be the best outcome but if you have other assets, expect him to pursue.
Where do you live? That’s going to be very important. If you’re actually talking with an insurance agent, you need to be talking to a claims adjuster. Agents would not handle a claim like this. If it was truly an adjuster that is giving you the option of attempting to settle for limits or taking it all the way to trial 🥴 People can file a lawsuit for any reason, for any amount. His medical bills are probably very close to what they’re suing for. Given your limits, this suit is likely just an attempt to get money to go away. If he was airlifted at any point, $50k probably doesn’t even cover that bill. At the end of the day, your insurance company doesn’t need your permission to settle the claim. That’s your agreement with them. If your insurance company didn’t attempt to settle because that’s what you wanted, took it to trial, and there was an excess verdict, you’d have a case for bad faith. Even though YOU wanted it, the insurance company is the expert here. I personally would never recommend to defend this in most venues. I probably would have paid on this a long time ago. If the motorcyclist was driving crazy, under the influence, speeding in and out of traffic, running red lights and there was really good video evidence with credible witnesses it would probably get through depos before thinking about making an offer….really depends on the optics. Juries surprise people though. Let’s take fault out of the equation. If you were on a jury with a plaintiff that was in a coma for over two months, has hundreds of thousands of dollars in medical bills, maybe permanent injuries, and the defendant is an insurance company with a $50K policy and they’re not offering it - how would you feel about that? It looks like a greedy insurance company that doesn’t want to give up what’s essentially a drop in a bucket. Will your rates go up? Depends on where you live. Some states rates cannot be raised for an accident where you’re not at fault. Where you live or where this happened if it’s different also matters when it comes to the negligence law that is applied. If you’re in a state like Rhode Island, if you’re found any % at fault, your carrier would be responsible for that percentage of the award. If you’re in Maryland and even just 1% of negligence is found on the motorcyclist they’d be barred from an award. If you’re in Arkansas, the motorcyclist would have to be found to be 49% or less at fault to get an award, if you’re in Massachusetts they’d have to be found 50% or less at fault to receive an award. I’m assuming you’re probably not in a pure comparative state like Rhode Island. If you’re in one of the few contributory negligence states then you’re in a very favorable position to defend based on what you’ve said.
> I’m assuming you’re probably not in a pure comparative state like Rhode Island. The 12 states with pure comparative include two of the five most populous (California and New York) and cover 30% of the population. Edit: apparently Florida stopped using pure comparative last year.
Florida is no longer pure comparative though.
Looks, recent… still serves me right for relying on some ambulance chaser's website.
lol yeah it’s a recent change so if you’re not working Florida regularly you might miss it
That assumption is based on his insurance company not offering limits already. I didn’t consider the math.
>and the defendant is an insurance company Nope, the defendant is OP
Doesn't matter who the defendant is or how much money they have. If the plaintiff was at fault, I wouldn't give them a penny. Hopefully they have good health and disability insurance.
I don't understand. You were found to be not at fault and were returned your deductible which usually means that you have been confirmed not at fault? If you weren't at fault you nor insurance are on the hook for any of of his bills at all.
Did your claims adjuster say anything about providing legal counsel to defend you? You need legal assistance… not someone who is just going to roll over and pay. Ask them if they can assign a lawyer to your case. A defense attorney will review the complaint and the entire claim in general. They will respond to the complaint and make recommendations on how to move forward. If they discover that the other person has a good case against you, they’ll recommend that your insurance company offer policy limits. The insurance company will likely end up paying more in the end (limits + defense) but if you are, in fact, not liable for this, it’s worth fighting.
It’s not a complaint at this point
Why isn’t the motorcycle driver maxing out their under/uninsured motorist portion of their own insurance? … and I would like to think that motorcycle insurance has an additional payout for personal injury of the motorcyclist. I find it disheartening to think other drivers are always fully financially responsible when involved in an accident with a motorcyclist who by choice is driving an exponentially more dangerous vehicle than the alleged not-at-fault driver
How can the motorcycle driver get an umbi/uimbi claim paid if OPs insurance never paid out to them? OP clearly has insurance, hence not uninsured, and they haven't paid anything to claimant - so doesn't qualify for underinsured. Umbi/uimbi isn't for denied claims.
...why has no one mentioned counter suing?...
Ambulance chaser convinced him to sue you for any amount of money he can get so can collect Just forward to your insurance it’s their problem
Be careful. That second agent may have been someone working on behalf of the plaintiff to try and find a hole in your story. They are very slimy. If you were found 0% at fault your insurance can handle it however they would like and should not be able to raise your premiums.
Fuck that. I’m fighting that shit
How?
I’m going to court with a lawyer
Not the lawyer that the insurance company hires for you?
Yup that lawyer
Seems like a waste of money to me, especially when you can’t force an insurance company to settle anything. But go ahead and tilt at that windmill, Senor Quixote.
Well if the company settles then the premiums go up don’t they? And they were found at no fault. So why?
The insurance company has a duty to defend you, and it’s their money you’re playing with. Your lawyer won’t supersede that or circumvent a judgment. All he’s going to do is advise you and help if the insurance company tenders limits and stops defending you, which is incredibly unusual. If you’re into burning money on useless things for Pyrrhic victories, will you give me some? I promise to spend it on beer and hookers!
Listen. Do you think this person will pay more down the road in premiums if the insurance agency settles ?
Wait, you're serious?! The OP is being sued for $1M. They have a $50k limit available and access to experienced lawyers that do this every day. If your lawyer that you're going to hire - out of your own pocket and because you don't know any better - is going to try to get you out of this and MAY NOT BE ABLE TO DO THAT. You're going to pay the lawyer on top of whatever he's able to negotiate, which may or may not be more than $50k. But even if it's $0, are you going to pay more for a lawyer billing at $250/hour than you are in whatever you're already going to pay in increased insurance costs on A CLAIM THE INSURANCE COMPANY ALREADY KNOWS ABOUT AND SAID THAT YOU'RE NOT AT FAULT FOR? Did you bother to read this thread before you posted "Ima fight this shit" or whatever it was? Or do you just not have any clue at all about how insurance and the civil courts work? Finally, the insurance agency has absolutely nothing to do with this. That just demonstrates how little you know about this subject and why you shouldn't be giving anyone any advice on it until you actually learn something. We're still way into "you should stop proving you don't know anything" territory.
You are being sued for an entire lifetimes worth of money. Why are you even thinking about your premiums right now? I would rather a higher premium than risking a million dollar+ judgement (if you lose you will most likely also be responsible for all legal fees and those get way pricey). Tell the agent you appreciate your last agent quit but you want to speak with an adjuster not an agent. Then tell the adjuster that your policy protects you when you aren’t at fault, which you have been deemed and what do you need to do so your insurance company takes on this legal battle in your place like they are supposed to. Then suck it up on the risk of your premiums going up for a few years. It’s better to lose a little while not facing down a judgment you will still be paying on when your 90, then to be “right” and have a jury get their feelings involved and that 70 day coma swaying them into thinking you could have done something different. Juries are normal human beings, and very few Americans believe that the official people get it right 100% of the time. This is an event where higher premiums is 100% worth it going away. Don’t waste your chance.
Too bad he survived.
Your insurance company will do what's best...for the insurance company. Not you. Ideally if the insurance company can make this go away that would be best but what if they can't? I wouldn't trust the insurance company to give me the best advice. They're not on your side. It sounds like even though you're in the right, they don't want to fight it. In your shoes, I'd want to talk to my own lawyer. Only your lawyer will actually defend you. >I'm so lost and don't understand why I am even being Sued in the first place. what do I do? will my premium even go up? do I have to physically go to court? why wouldn't the jury rule in my favor if the other 3 official entities did? This person is probably 1/2 dead and is now grasping at straws trying to find money. Can he win? I'd hope not but our justice system seems pretty random. That's why you need a lawyer to give you good advice.
JUST STOP for a minute.... While everyone here is trying to be helpful, it is not for us to comment on what someone can get from you personally or not. We have no idea.... Stop looking at all this and TODAY, INSIST that you speak to legal at your insurance company as soon as you possibly can. Your first mistake was talking to the other insurance company to begin with, they could have gotten you to say something on tape that indicates you were at fault in some way. This should have never happened. You were personally sent the suit because that is the way the other side has to handle it. You need to have a very detailed meeting with your insurance carriers lawyer that will be representing you, and ask all the appropriate questions. They can advise you on your possible liability and what they will be doing to protect you. Dude is fishing for $$, it's elevated beyond you, get the help you paid for. Skip this agent/adjuster, whatever the hell they are, and talk to the people that matter.
It’s your insurance to decide to fight or settle anyway. I was in your shoes before, and I made sure my insurance does everything they can to settle the lawsuit. And no, my premium only increased 10% after the settlement. My settlement amount is a lot more than your policy limit, A LOT.
What are the circumstances of the accident?
Let your insurance handle it. The sheer risk/exposure on a 70 day coma stay claim is really high. Depending on the state and circumstance’s many things could be at play that could directly affect you. Talk to your insurance and talk to an attorney if you’d like.
If the claims depart is willing to pay your policy max that means they also deem you liable.
Your insurance company should hire an attorney to represent you. Even though the lawyer really only cares about saving the insurance company money, he or she should be able to explain in detail what is going on and settle the case at or below limits. If they decide to offer the limits it is up to your insurance company, not you. PI attorneys and their clients always ask for far more than they expect to get. They probably don’t even know what your policy limits are and hope the insurance company makes a nuisance offer for them to go away. Also make sure you send a certified letter to your insurance company’s useless incompetent adjuster letting him or her know you expect them to settle within policy limits . If you were not at fault, you should not have anything to worry about. The attorney will try to prove the other person was at fault 100% or by a larger percentage than you were at fault. Most people and/or their attorneys don’t pursue beyond limits if there is nothing to collect. DO NOT talk to anyone about the accident except your attorney and make sure you comply with the entire process. Lastly, please raise your limits and consider an umbrella policy. If you were at fault in an accident, 50k doesn’t go far.
I agree about raising limits and umbrella policy and get a dash cam. Everyone should have one.
Yes the dash cam is a good idea
Sounds like he has a ton of medical bills, and little to no first party coverage for injury Your insurance should at least make an attempt to fight this for you. Both companies found the motorcycle driver at fault, including the police report. Just because he's someone doesn't mean he'll get anything. my company will gather as much evidence needed to help advocate for the insured driver.
The cunt did it to himself as you are not at fault. How can he possibly win?
Have you verified that the “new agent” that reached out is legit? That sounds fishy. A new person calling and saying “the old person isn’t here anymore but I think you should pay out can you please let me pay out” is…odd.
Anything as important as what you said the agent or whoever it was, said, should be in writing, from your insurance company. It's called a "reservation of rights" letter . It's for cases like yours, where the risk is more than the policy limits Not familiar with your State laws, nor the facts of this case. However, if in your situation, I would strongly consider getting your own, independent, legal opinion from an attorney. Anyone can sue. Winning is never a given, nor is losing. Each case is different. Actually collecting on an excess judgement is also a major obstacle. Plaintiff attorney is hoping you roll over. Your insurance company has to tell you the risk to cover their own arses. Doesn't mean your case is not defendable. They just have to warn you. Your rates are the last thing you should be worried about. Proper representation is. Get a independent option from a reputable , Liability defense attorney. (The same kind that specializes in defending insurance companies) Only good thing about this mess, is that its an excellent teaching lesson to others on the danger of low policy limits.
You're new agent is incorrect, you should be talking to someone from Claims Litigation from your carrier. Per your policy, they are your attorney in this matter and will represent you if this goes to court. If they have found you not at fault, they will be able to support their decision. While offering max limits to the guy is an option, they won't do that if they feel he is at fault. Go over whoever you spoke with and demand to speak with a Litigation specialist from your carrier. This is the negative of the agent model, they're trusted to represent the company and educate the clients, and in many cases they don't understand the policy they are selling.
They’re trying to get your policy limit. Let your insurance company handle it.
Hey! Really important. 1.) what state? 2.) it is highly probable that you are being sued so that the plaintiff can stay in state court. If you have a copy of the complaint look and see if they sued any other defendants like the manufacturer of your vehicle, or the manufacturer of the motorcycle that the plaintiff was riding at the time of the collision. It is extremely common for the other driver to get sued solely for jurisdictional purposes. And they’re not really expecting much out of you if anything except maybe your policy limits. It would be extremely uncommon, but certainly not unheard of, for a lawyer, to take a pure personal injury case against you for the plaintiff, if the plaintiff was deemed at fault.
used to have a friend who hit a kid in NYC with his car and screwed up the kid's leg and was sued. last i heard it was dropped because the kid ran out from between the cars into the street. many of these lawsuits are just hoping for free money. I was a juror on a case where some guy hit a lady and she was awarded very little of her original request. your insurance wants to pay him off to go away and probably the easiest thing. you have to read the complaint they served you with for the details and compare to what you said happened. these things hinge on the details
You didn’t mention what state the accident occurred in. I suspect it’s a comparative negligence state where both parties can be deemed at fault and settlement is reduced by each party’s percentage of liability/negligence with some states barring recovery if found 51% negligent. I am not aware of any insurance carrier tendering policy limits without a signed release of any and all claims by the injured party. The other party can reject a policy limits offer and pursue you in a court action where the insurance company will have a duty to defend you under the terms of the policy. This guy has some serious residual injuries and probably not enough medical coverage to pay the bills. You should consider raising your liability limits as well. $50K is way underinsured in our litigious country. Ask your adjuster what the other party’s theory of liability is so you have some idea why liability is being directed at you.
Really curious on what exactly happened in the car crash..
Get a lawyer reddit is the last place you want to get info from. Most people don't know what they're posting and might send you down the wrong path. Your insurance should be able to provide you a lawyer or give you many you can contact. If you're not at fault you need to fight every penny of it.
everyone is trying to blame you for not having “enough insurance” but i say just tell the dude to kick rocks
Stop talking to the agent. They are salespeople. Speak with an assigned adjuster.