Legal Question in Personal Injury in New Jersey
pi auto liability judgement what to do now
Recently, a jury gave a judgement of 185K in back wages to a plantiff that sued me via my auto insurance company. My policy limits were for 100K and that now leaves me owing 85K. My insurance companies assigned attorney handled the defense for me. During the trial the attorney informed me a settlement was being proposed whereas the plantiff wanted min of 35K and the insurance company would not budge over 25K. I thought at some point the ins company would settle and they did not and the verdict was for 185 and i owe 85. I understand its usual pactice to file appeal which is underway. Is it to late for me or would I be better served if I hire my attornet at this time. I know now what i did wrong but what do i now. Scarey stuff. I have since purchased an umbrella and recommend everyone atleast be aware of this situation. It could happen to anyone.
thanks
--name removed---name removed--
2 Answers from Attorneys
Re: pi auto liability judgement what to do now
If your insurance carrier did not offer the policy limits then they (not you) are responsible for the excess award. Excess in the sense that it went over your policy limit. If they had offered the policy limits to the injured plaintiff and they continued on with the case then you would be responsible for the excess but they would had advised you to get personal counsel to protect yourself.
You should consult with an attorney to make sure that you do not have to pay the excess (over your policy limit) award.
Our office could be your personal counsel at a reasonable hourly rate to protect your rights and insure the insurance carrier meets its obligation under New Jersey Law.
John M. Pinho
www.DaSilvaPinho.com
Re: pi auto liability judgement what to do now
Under New Jersey Law, your insurance company has an obligation to make a good faith attempt to settle your claim within the policy limits. If they did not make such an attempt, they may be liable. The controlling case is Rova Farms v. Resorts Investment 323 A.2d 495 (1974). It certainly sounds as though they failed to make a good faith attempt to settle the claim.
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