Legal Question in Personal Injury in California

Liability In Car Accident

We have the standard $100,000 medical coverage per injured party/$300,000 max per incident coverage on our car insurance policy. If we hit someone and are determined to be at fault, and the injured parties medical expenses exceed $100,000, what is the likelyhood the injured parties' attorney would sue us personally?


Asked on 10/04/08, 5:32 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Liability In Car Accident

Hard to say. Best guess, the plaintiffs' attorney would be uninterested unless you have umbrella coverage or very deep pockets.

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Answered on 10/06/08, 2:31 pm
Terry A. Nelson Nelson & Lawless

Re: Liability In Car Accident

You are always the only ones sued; your insurance company merely pays up to the policy limits. A higher judgment means your assets would be sought. Get higher limits, and get your Uninsured /Underinsured coverage increased to the max available; it is what pays your damages when one of the uninsured 25% of the cars on the road hits you.

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Answered on 10/06/08, 8:08 pm
Russell Kohn Kohn Law Office

Re: Liability In Car Accident

Whether or not an injured person would settle for the liability insurance coverage limit would likely depend on two things: 1.) whether the value of the injury claim far exceeds those limits; and 2.) the liable party's financial situation. Recent home value increases have increased the net worth of many people from just a few years ago, making it more economical to pursue a party at fault beyond their insurance coverage limit. However, CA home values have decreased about 30 - 40% in the past year, due in large part to the Bush Administration's economic policy blunders. Bear in mind that when people are economically strapped, they tend to want more money from their injury case.

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Answered on 10/06/08, 9:11 pm
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Liability In Car Accident

You have $100k in LIABILITY insurance--not medical insurance. An atty would look to see if you owned property, had a job, had assets, etc. to determine if it would be worthwhile to go after you. I would raise the liability limits to $250K or $500K per person. Also, do the same with your Uninsured Motorist coverage.

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Answered on 10/06/08, 9:32 pm


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