Legal Question in Personal Injury in Maryland
a car accident while delivering a pizza
I hit this guy's car(a van)due to hydroplane(been raining all day).the damage on his end is on rear bumper on the driver's side.but my car had more damage(on front bumper,driver's side).The guy seemed fine and was smoking&walking around while waiting for police 2 come.police came&looked at it as a minor accident&didn't call an ambulance b/c we both told him we were fine and no one was injured;he didn't even write me a ticket. 6 mos after the accident my insurance called&told me that the guy whose car I hit had surgery in relation 2 the accident costing100K.My policy limit is 20-25K.My insurance also told me I should contact the pizza company (one of the big 3) b/c I was on duty when it happened otherwise I could be responsible for the difference.What should I do now?Should I be concerned that my personal asset (mine and my wife's saving)would be seized if I lose in court even though I do not leave in the U.S. anymore?The pizza company should pay for the difference if the guy could prove the surgery b/c of the accident,shouldn't it?
2 Answers from Attorneys
Re: a car accident while delivering a pizza
Usually in cases like this the injured party settles for whatever insurance money is available, unless the negligent party happens to be a person with a lot of assets and income, which probably doesn't apply to you. However, he could sue you and hope to be able to collect on any amount in excess of the insurance you carried. If he did this and got a judgment against you, you could file for bankruptcy and it would discharge the judgment so he couldn't collect it.
As for the pizza company, he will probably sue them, but since they probably employed you as an independent contractor rather than on salary, they will likely refuse to take responsibility. If you were a salaried employee, they would have to take responsibility, and any insurance they carry would be available to settle his claim. Of course, there is no guarantee he could convince a judge or jury that he sustained such a degree of injury from a seemingly low speed, low impact collision.
The real lesson for you here is that the minor additional cost of carrying higher than minimum insurance coverage is well worth it. If the situation were reversed and you were the victim, you would get virtually nothing for a serious injury. You should immediately increase your coverage, including uninsurance/underinsured motorist coverage, to at least $100k.
Re: a car accident while delivering a pizza
It seems your accident happened in the US. You must contact a US attorney who practices tort law for advice. Thanks.