Legal Question in Personal Injury in California
I may be sued. Is there a limit?
I was in a car accident a few months ago. I received the police report that stated I was at fault. The other person involved in the accident was taken to the hospital complaining about neck and back pain. My friend told my that I may be sued. If so how much can I be legally sue for. Is there a limit?
Thanks!
3 Answers from Attorneys
Re: I may be sued. Is there a limit?
First of all, dont panic. Your insurance company will hire a lawyer for you if you get sued. Virtually all of these cases are resolved within the limits of the insurance policy without the person being sued having to pay anything. If you get sued make an appointment with the lawyer the insurance company hires and he will be able to give you a detailed analysis of the case.
Re: I may be sued. Is there a limit?
If you were insured your insurance should take
care of the lawsuit. If they decide to they can
settle it with him out of court for any amount, up
to your policy limits that they deem reasonable.
If you are uninsured it is unlikely that any lawyer
will take his case because the chances of collecting
any money from you is remote. If somehow he does get
a judgment against you and you are not insured you
can file bankruptcy and it most likely will be discharged.
As to the limits, there are none unless he was
unisured.
Re: I may be sued. Is there a limit?
There is generally no limit on what they can sue for. If
the other person was driving an uninsured vehicle, he cannot
sue for all damages, only economic damages.
Normally, only the amount readily available -- through insurance or
easy to get property -- is sought by attorneys in a suit. If they recover
more, you may be able to limit what they can get through a bankruptcy.
The police report does not establish that you were at fault. It is only one
opinion. It may not even be admissible at trial.