Legal Question in Civil Litigation in Tennessee

Pening lawsuit for damages in excess of auto liability coverage

how can we defend ourselves against charges in excess of liability coverage for an accedent in which our son was deemed to be at fault? we reside in TN but the accident occured in FL involving a pickup and a semi-truck. No injuries involved, but semi-truck is claiming damage to truck, loss of revenue and hazmat cleanup of diesel fuel. Our son was the driver, but we are the owners of his vehicle. Do we just have to accept their charges at face value or is there some defense? How much assitance can we expect from the insurance co to defend us when this is in excess of the libability coverage and htey have already made an offer for liability limits?


Asked on 12/30/06, 5:58 am

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Pening lawsuit for damages in excess of auto liability coverage

The insurance company has an obligation to defend you completely. This includes reducing the total claim for damages. However, once the policy limits are met and paid, the insurance company typically will cease its defense of you under the terms of the policy. At that time, you will need an attorney to protect you and your assets from the claims of the truck driver.

The attorney hired by the insurance company has an obligation to defend you, not the insurance company. This means that you should talk to the attorney representing you about these types of concerns. This may go a long way towards helping you in this situation.

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Answered on 12/30/06, 11:36 am


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