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?
4 Answers from Attorneys
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.
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.
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.
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.