Legal Question in Personal Injury in New Jersey
My daughter was in an accident.
My daughter rear ended a car a year ago and the plaintiff contacted us and stated she was fine and was only seeking reimbursement from us on her medical deductible. The plaintiff claims she thought she was injured and sought treatment but she was fine. We contacted the insurance company and they advised us not to reimburse the plaintiff anything out of pocket. They advised us to refer her to the insurance company which we did. Apparently the insurance company blew her off. The plaintiff then threatened to sue us and after a year we were served with a lawsuit. The plaintiff is claiming all kinds of permanent injuries. My question is when I purchased this policy I bought the minimal liabilty limits 10K/15k without understanding how much or what it meant, and now I am concerned that if this should go to trial would my daughter or me be held personally responsible for the damages and what should I do to protect us. I added my daughter to the policy and increased the limits but I guess it's too late now. I dont have any assests but I am listed on a property deed as Joint Tenant in Trust with Right of Survivorship with someone else.
1 Answer from Attorneys
Re: My daughter was in an accident.
While there is reason for concern I would not think that this is reason for alarm. Your insurance should pay any potnetial damages up to the policy limit. Most plaintiff's attorenys will acceptthe policy limits to settle the case. Tell your carrier, she should say so too, that you expect them to defend and indemnify you and settle the case for the policy or whatever it takes. The important thing is to request this. If they chose not to do so, then that is bad faith and then they would normally be responsible for any excess instead of the insured or beneficiary of the policy, your daughter. The only time this does not apply is if the plaintiff is unwiling at any time that acceptthe policy limits or you have a basic policy that has no laibility coverage.
The limits you list make me think that you wither have the limits wrong or you may have the basi policy. If that is the case, you personally will be only liable if your daughter were perfroming an act on your behalf. As the owner of the vehicle there is no liability just becuase your vehilce is involved. However, customarily, the owner is included for coverage issues and in case the driver is action on the owners behalf.
Good luck.
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