Legal Question in Insurance Law in North Carolina

car accident

I was involved in a accident. My Insurance Company tried to pay to the other party involved 20.000.00 dls. for the damage, (I was driving a mitsubishi eclipse sport car, he was in a 18 wheels fully loaded semi truck, he rescued me out of the car cause I was unconscious, but 3 yrs later the case is istill open cause he has not ''recover'' from the accident)Now the case is in court cause he wants $120.000.00, my question is: If he wins the case, my ins. co pay the settlement or Am I obligate to fullfil it? I dont have property or money, in other words I HAVE NOTHING, but I am worried as how am i going to pay this guy if i dont have money, would you explain to me what my responsabilities are if I lose the case in court? am going to jail if i dont pay him? please explain me all I am so worry, and to top it off Iam unemploy at this very moment, thanks so much in advance.


Asked on 8/07/08, 11:10 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: car accident

Your insurance company will cover the judgment arising from the lawsuit, up to its "limits." You should look at your insurance policy and/or contact your agent to confirm your "liability" limits, and to see whether you had an "umbrella" or any other policy that will provide you with coverage. Your insurer will cover you up to your limits, and after that you are personally liable. The other person may have "underinsured" motorist coverage, which as a practical matter often essentially provides you with more coverage (but that insurer could chase you to recover whatever it has to pay).

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Answered on 8/07/08, 11:17 am


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