The person in front of her hit their brakes and she had no brake lights causing my late brake in which I slid into her, damage was just back bumper on a old scion we pulled over and I called the police. Police asked is anybody hurt I asked her she said no so the police did not come out then after she got off the phone with a individual her neck hurt and she went to urgent care. Her insurance was also expired so she has no insurance
Fast forward she got a lawyer and is demanding full policy limits of 300k and is even putting in receipts of LYFT RIDES… just trying to completely get as much as she can and insurance is saying they will try to settle this but these people are known to be greedy. My mom is scared they will sue us for “all we have” is that possible?
Claims that she got herniated disks in the crash after the fact.. am I SOL? Do I just wait for the insurance to tell me they want more than our policy limits and get sued?
The person I hit is completely asking for 300k
byu/PublicBarnacle657 inInsurance
Posted by PublicBarnacle657
28 Comments
That’s why you have insurance. You shouldn’t worry about how much they are going after “your insurance” for. Your insurance company will protect you and settle most likely out of court. Once the person gets their settlement, they sign a document that waives their rights of pursing you any further.
Let your insurance company handle this. They have experience with this and will let you know if you are at risk of personal exposure.
Let your insurance handle it. She’s in a bit of a pickle since she had no insurance at the time.
And this is why insurance rates keep going up.
I am assuming that your insurance company is fully aware of all of this? If your carrier has not yet done so, they will soon retain an attorney to represent you. Folks make outrageous demands all the time. It does not mean that they get anything close to their initial demand. Your insurance company’s duty is to protect your interests. Being a defendant in a lawsuit is not fun, for sure, but just stay in touch with your adjuster.
Everything is going as it should. All parties are pursuing their best course of action.
They want as much money as they can for the accident, and if they took the trouble of hiring a lawyer they’re automatically pissing away a chunk of it so logically they’re going to do everything they can to highball.
You’ll probably want to know the true value of your claim- no one can know, but just like it’s their job to try and find the most out of it- it’s your insurance companies job to not waste their own money and yours catering to every frivolous demand. You are in the advantaged position, but at the end of the day an at fault accident is an at fault accident. Just expect that when the dust settles your actual real issue is your coverage moving forward.
Let insurance handle it, but always get the police there for a report, always
Usually, if your insurance declines to accept a reasonable settlement offer within the policy limits, the insurer is on the hook for the full settlement amount.
It sounds like you’re facing a complicated situation, but I’ll help clarify your options.
Your insurance company is responsible for defending you and paying up to the policy limits. If her claim exceeds your policy limits (in this case, $300k), the insurance company may attempt to settle within those limits to avoid further litigation. It’s their job to negotiate, and they have a vested interest in keeping the payout reasonable.
If her damages exceed the policy limit and she refuses to settle, she can technically sue you for any amount beyond your insurance coverage. However, it’s important to remember that it’s rare for plaintiffs to collect significant amounts from individuals unless they have substantial assets. Lawsuits beyond policy limits can be difficult, time-consuming, and expensive for her to pursue.
If she does sue for more than the policy limits, what she could go after depends on your assets. In many states, certain assets like retirement accounts, primary residences (depending on your state’s homestead exemption), and wages may be protected from lawsuits. If you don’t have significant unprotected assets, her attorney may be less likely to pursue a claim beyond the insurance payout, as collecting would be difficult.
Your insurer is legally obligated to defend you up until the policy limits. If they fail to settle within the policy limits when they have the opportunity to, they can be held liable for any amount above the limits if you are found at fault in a lawsuit.
You may want to consult an attorney (separate from your insurance company’s attorney) to understand your rights and potential exposure beyond the policy limits. This way, you can protect yourself in case the settlement negotiations fail or if the other party seeks more than the policy can cover.
Overall, it’s essential to let your insurance company handle this. They are experienced with these kinds of claims, and it’s in their best interest to settle for an amount within your coverage if possible.
Im guessing with your $300,000 liability you also have an umbrella policy. $250k to $300k is normal to be eligible for an umbrella policy of at least $1M. Your insurance company will take care of it.
Attorneys are increasingly asking for “full policy limits” on every claim and try to find out how much your policy has and make the client work up medical treatments to whatever amount you have. Don’t be worried about them coming for your personal assets. Unless you and your family are exceedingly wealthy, multi, multi millionaires, they aren’t coming after you for anything and it’s all part of their scummy tactics against your insurance company.
Is your state a pay to play state? Maybe she can’t do poop lol
Every ambulance chasing scum bag attorney in the world asks for policy limits. They’re trying to scare you. Your insurance company will handle it and most likely settle.
IF they sue, then your insurance will defend you and you can be very direct asking them to settle at that point. But most of the time these people are full of shit and have no real claim so they will settle. Their attorney won’t take it to court and risk getting $0.
When I did claims I settled thousands of these for a few thousand. They always started at policy limits and I almost always opened up at medical bills + 500 and we would go back and fourth until they agreed on something.
This happened to my ex almost exact scenario. They are just trying to milk the system(insurance) for $ they don’t deserve. Let the insurance company handle it. That what you’re paying them for. They won’t get anywhere near that.
Was she charged with having no brake lights
All personal injury claims start with a demand for the policy limits. Your insurance company will hire a lawyer to defend the claim. It will settle for significantly less than the policy limits.
Doesn’t matter if they have brake lights or not. You should have been driving with enough distance between you and her to be able to stop safely no matter what. It’s within their right to sue for damages even if they don’t have insurance. Let the insurance company handle it and learn from your mistake.
Let your insurance handle. Do not talk or reach out to this person.
Insurance can handle it i cant see how this is your fault at all
And, this is when you learn that a lot of people (and especially lawyers) in this world have no ethics and will take every dollar they think they can get. In the end, that lawyer is rolling the dice on a 100K payout in fees by taking this person case.
This is your insurance company’s fight, do not engage with this person or the lawyer at all.
One word (concept): DASH CAM
People with no brake lights, tags, etc are riding around hoping for this exact situation. Scammers, losers, etc. (let your insurance handle it)
Curious how you know what the lawyer’s demand is? Not information that is typically shared unless a suit has been filed . But anyways, I wouldn’t worry about it. If your story is accurate, that lawyer wouldn’t put that person in front of a jury. Even if she actually has a herniated disk, that will actually settle within policy limits (likely won’t come close).
I handled Bodily Injury claims for 6 years. I can’t even count amount of times I got a demand for the policy limits ($50k,$100k, $300k, sometimes a million) and then settled for $5,000-30,000. It’s just a game lawyers play to try and get a higher starting offer (unless of course it was an extremely bad injury and they can actually get the limits.
You really have nothing to worry about.
I don’t know about your personal situation, but in 15 years of doing plaintiff’s personal injury work off and on, I’ve had ONE case where the at-fault driver actually had to kick in money from their own pocket, when they had auto insurance.
Anyone can ask for anything….. She has to show proof her $300k claim adds up. This is where your insurance steps in. They will not pay anything they don’t have to.
When did the accident happen and how soon did you receive the demand?
If your insurance limit $300k?
I was sued for a similar accident. She sued for “In excess of $50,000”
It took 3 years, and went to trial. She was awarded less than $2500.00
Is there any documentation that her brake lights were not working? Or just your word?
Don’t talk to them directly. You have hired attorneys provided by your insurance. Always pick up or return their calls. Be patient. This takes months. Your attorney will ask you to keep your calendar open for a certain window in case matter goes to trial, but 90% of the times it won’t. They will mail you that matter was settled if and when insurance settles it out of court.
Make insurance optional again watch the prices drop and the swoop and stop scams decrease unless they have insurance on themselves