Legal Question in Civil Litigation in California

Re: Subject

The other driver can sue you for more than the maximium. Your insurance carrier then may possibly have a conflict of interest. Some times to avoid this, the carrier wiill make an offer for the maximinum. In order to provide you more specific advice, we will need to review the lawsuit, policy, and any other documentation or letters your have received. Our phone number is 714 363 0220.

Re: Subject

The chances of your house being sold are slim with 300,000 of insurance. Your bosses insurnace should also come into play.

Re: Subject

Wrong. You and the driver can be sued for 'anything they want', without regard to the insurance limits - they are suing you, not the insurance company. They can ask for a zillion dollars in the suit, but what they recover by settlement or judgment is the issue, and is based upon the facts. If there is a large judgment and they attempt to collect from you by taking your assets, including your house, you then can consider going bankrupt - consult your attorney now about that, before you spend a fortune on defense costs.

Re: Subject

Your question is not simple and you should consult with an attorney experienced in insurance law.

Many insurance companies do not give their insured the information they need to protect themselves and even sometimes try to make you feel bad if you acknowledge that they should pay the claim.

With the proper advice, an attorney may be able to help you avoid excess liability (liability for more than the policy) and avoid the possible consequences of a bankruptcy or your personal assets being subject to a judgment. A person experienced as a "cumis" counsel (as described in another reply) should be a good person to consult with.

Re: Subject

Yes, he can sue you. And it sounds like your insurance would more than suffice to cover property damages and some bodily injury. Your insurance company is required to underwrite your defense. At any rate, this is why you have insurance. I would be surprised if it came out to be an amount more than the insurance limits.

Re: Subject

Yes. Your potential liability is not limited to the policy limit. Excess liability will subject the assets of the defendants to collection. You don't say if your business is incorporated or is a sole proprietorship. If the latter your personal assets are at risk. If the case potential exceed policy limit you are entitled to have the insurer hire and pay for "Cumis" counsel, specifically independent legal counsel to protect your interests when your interest and that of the insurance company diverge. If the injury threatens liability in excess of coverage you should not rely solely upon the insurance carrier and the legal counsel they provide. You should hire your own counsel who should demand payment from the carrier.