Legal Question in Personal Injury in California
Law suit
My son was involved in an accident 12/24/2004, he was found liable.My insurance company denied the claim of the other party because he lied about the number of people in the car.I am now being sued by those 3 people for $25000+.My coverage is 30/60/50.Is it possible for possible for the suit to settle for more than that? I have a lawyer that is being paid for by the ins. company, I just am concerned about by personal assests. I can find no info on commom settlement amounts via internet.
3 Answers from Attorneys
Re: Law suit
You should demand your insurance company settle within the policy limits and demand that your attorney demand of the insurance company that the case settle within the policy limits
Re: Law suit
Your question raises other questions.
How was your son "found liable"?
Your liability as the owner and not a driver is limited by law to $15,000 in CA, unless certain other facts are at play such as negligently entrusting the car to a reckless driver, etc.
The policy limits you describe suggests your coverage for all comers is limited to $60,000. The 3 others, if you had primary liability, would have to share that.
If their damages exceed the policy limits and you were primarily liable, then you would have your personal assets exposed to a judgment in excess of the $60,000 if they suceeded in obtaining one.
The attorney your insurance company has provided you should be able to explain all this to you. He is paid by the hour so you should request a meeting and go over all this with him/her.
Re: Law suit
Why aren't you asking your attorney these questions? That is what he is there for, and he has the actual info needed to provide an accurate answer.
Yes, a suit could result in judgment against your son for more than the insurance coverage, if the damages warranted it. So could a settlement, but only with his agreement. Ask your attorney about the liability limits against you as the registered owners of the vehicle.