Legal Question in Personal Injury in California
auto accident law suit
I was at fault in a auto accident and some people got injured. I have auto insurance but can I be sued?
4 Answers from Attorneys
Re: auto accident law suit
Of course you can. Liability insurance doesn't immunize you from lawsuits; it just pays the bills -- up to a point -- if you are sued. If the people you injured have claims (including both personal injury and property damage) that exceed your policy limits, you will be personally liable for the excess.
Re: auto accident law suit
It's your insurance carrier's duty to try to settle the case (even with multiple parties' injuries) within the policy limits. If that happens, then you won't be on the hook. Hopefully, you have sufficient coverage to compensate the folks injured. Good luck!
Re: auto accident law suit
Yes. It is common that liability in injury accidents will exceed the $15,000 legally required liability insurance. A $200,000 judgment will result in a $185,000 deficiency judgment plus the recoverable costs of suit. The insured is then personally liable for the deficiency.
This $15,000 minimum legal coverage has not been raised in over 30 years. This is a scandal of government. That is why it is important in California to cover uninsured/underinsured coverage for at least $100,000, but I recommend more.
Your questions prompts me to create a special report on the subject, which I will make available through my website www.mwrothinjurylaw.com.
Re: auto accident law suit
Mr. Roth has covered your answer in his comprehensive answer.
In plain English, if the damages are more than the maximum amount of your insurance coverage, you are responsible for that amount, over and above your coverage.