Legal Question in Personal Injury in California
Last year, my son was involved in a very minor automobile accident. The damage to the vehicle he hit was only $420. The damage to his car was a little more; $750.
My son drives a 2000 Honda Civic EX while the car he hit, was a Ford Explorer SUV which is several times bigger.
Although my son wasn't the least bit injured in his small car, the driver of the other vehicle is claiming thousands of dollars in injuries even though the picture my son took of her vehicle showed only slight damage to the bottom lip of the driver's door on her SUV.
I doubt if my son's insurance company is going to pay anywhere near the $18K+ this woman is asking for.
If my son's insurance company fails to settle with this woman, can she then turn around and sue my son directly? Or do she have to deal only with his insurance company?
2 Answers from Attorneys
Let the insurance company deal with it. In all probability your son has nothing at all to worry about except, of course, the possibility that his insurance premium will go up.
The lawsuit is filed against your son and not the insurance carrier, which will provide an attorney at no cost to your son. The insurance company has an obligation to its insureds to try to settle a case within policy limits. Most plaintiff attorneys are willing to accept the policy limits and not try to go and get a judgment for the excess amount because it is so difficult to collect against a wage earner. If the current demand is $18,000, your son has a $15,000 policy limit [he should get higher coverage and include un-insured and under-insured coverage which does not cost that much more], the case will eventually [within a year of filing suit or earlier] settle for no more than the policy limits. Your son merely has to co-operate with his insurance carrier. His is a very typical case and he may be contacted only to get his version of the accident and to be told the case has settled.
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