QUESTION

I am scared of getting sued outside my policy limits but because her adjuster is contacting me does that mean she already made a claim?

Asked on Oct 11th, 2012 on Personal Injury - Massachusetts
More details to this question:
I was recently in a car accident, that according to the police, I may be 100 percent at fault for. I rear ended a woman who first rear-ended the car in front of her. The woman in front claimed no medical or bodily injury and simply wanted her car fixed. However the woman in the middle may have had a broken wrist (going off of what the paramedic had told me.) with no trip in a ambulance because her husband came and picked her up to the hospital. (she walked around and to the car I have a picture of her standing on her vehicle) After two weeks my adjuster still has not received a statement from her because he says she is not in a condition to give one. However I constantly hear from her (Woman I hit with broken wrist) adjuster asking for me to give a statement about the claim. What I am scared of is getting sued outside my policy limits but because her adjuster is contacting me does that mean she already made a claim and can she still me if she did go through insurance by making a claim? The fact that she probably went to a private doctor scares me even more. I need information regarding this because I know the sue happy people that live in America. My coverageโ€™s are currently at 50/100 injury and just don't want to lose my apartment because I am in not a good financial situation at all. I have yet to get served and am scared it will happen.
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14 ANSWERS

Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Tell your own company what you did. Ignore anyone else. You don't have to cooperate. A broken wrist is not likely to take her claim anywhere near your policy limits.
Answered on Oct 15th, 2012 at 2:38 PM

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Debt Collection Attorney serving Fresno, CA at Nunes Law, Inc.
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Make sure you have reported this to your automobile insurance company. They will handle it and make every effort to get the claim resolved within your policy limits. This is what you pay insurance premiums for and you need to cooperate fully with your insurance company. By the way, if your insurance company has an opportunity to settle the claim within the limits of your coverage and the matter results in a judgment in excess of your policy limits, you should contact an attorney to discuss any rights you may have.
Answered on Oct 14th, 2012 at 12:57 PM

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Dennis P. Mikko
Even though the insurance companies are involved, you could still be sued. There is really no benefit to speaking with her insurance company. You should keep in contact with your insurance company. If you are sued, your insurance company should provide you with a defense and make every attempt to settle the matter within your policy limits. In most cases, a Plaintiff will settle within policy limits because they know there is generally nothing to recover from above the policy. You will not lose your apartment as long as you pay the rent.
Answered on Oct 14th, 2012 at 8:36 AM

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Lisa Hurtado McDonnell
Your insurance company should handle the claim. As far as giving a statement you don't have to at this point. The reason why her insurance is calling is to investigate the claim. If your under insured then her insurance should pick up for some amount the her policy covers.
Answered on Oct 14th, 2012 at 8:31 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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I know this is scary for you, but I can assure you that most of your fears are for nothing, and you might have better reasons to agonize over whether you will get struck by lightning or hit by a bus Tomorrow. To keep things straight, let me refer to you as car #3, the car you hit as car #2, and the car in front as car #1. While car #1 might not have filed a personal injury claim against car #2, she has probably filed a property damage claim against #2, and may still file a PI claim. I believe that the insurer for car #2 wants to interview you because she is investigating car #1's claim against Car #2 (hr insured), not because a claim is being filed against you. Car #2 will likely file a claim against you. I do not know the statistics, but I imagine 99.5% of auto accident lawsuits settle within the policy limits. You mention sue happy people. Having practice personal injury law since 1994, I can tell you that most people are like you, they are not sue happy. What is more important, even if they were, juries generally will not award money for damages unless the injured party can prove a serious enough injury to justify the damages. I know the public largely believes otherwise, but this perception is based on false propaganda put out by the insurance industry and other special interests for the past 25 years. To demonstrate that what I am saying is true, over the past 8 years, I have file numerous personal injury cases and have never requested a jury trial because I know that jurors are normally biased against plaintiffs and will not be fair to my client (n other words, they will not award my client what he/she deserves based on his/her injury). In every case, the attorney for the at fault driver has requested a jury trial. They also know that jurors favor defendants. I tell you this to assure you, you need not fear a large verdict unless the drier you hit was actually seriously hurt. You mention that you are worried about losing your apartment. If you rent but do not own, they cannot take it from you. Also, you may be what we call judgment proof, that is, you have insufficient assets from which a judgment could be collected. If so, it is all the more likely that the case will be settled within the policy limits. The driver of car #2 has up to three years to file suit. If and when she files a claim, your insurer will likely contact you and discuss it with you. My advice is to go about your life and do not worry about this. There is nothing you can do about it. The chances of your having to pay damages above your coverage are not very great, and certainly not worth worrying about. If by some chance, Car #2 obtained a judgment in excess of policy limits, there are still options, including bankruptcy, that you could consider at that time.
Answered on Oct 14th, 2012 at 8:19 AM

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Ronald A. Steinberg
If you have auto insurance, then after you report the accident to the company, they will assign an adjuster to act on your (and the company's) behalf to try and negotiate the case. They will let you know if you need a private lawyer to protect your personal assets. Try not to worry unnecessarily.
Answered on Oct 14th, 2012 at 8:17 AM

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Steven D. Dunnings
Tell your insurance company about what is going on. It should hire an attorney to represent you, if not, don't talk until you hire your own attorney.
Answered on Oct 14th, 2012 at 8:11 AM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Tell the adjuster for the woman's insurance company to pound sand, and if she has any questions, to call the insurance adjuster on your car's insurance policy.
Answered on Oct 14th, 2012 at 8:08 AM

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Personal Injury Attorney serving North Wales, PA
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Contact a good lawyer for a full evaluation of all the circumstances of your case, with give and take in the conversation. These emails are no substitute for that. You definitely need a lawyer, and you should NOT talk with the adjuster - have your lawyer do that.
Answered on Oct 14th, 2012 at 8:07 AM

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Relax. Do not speak to anyone other than your insurance company. You have insurance and should be fine, that's why you buy it. You rear-ended someone so you are at fault and that someone is injured and meets the threshold in NYS so there likely will be a claim but, if you have a good insurance company they will settle the claim with the person you hurt and you'll never have to hear about it again. If the insurance company is a cheap skate, which most are, they will defend the claim and make you go through all sorts of nonsense on a claim that clearly should pay on. Either way, you have coverage and should be fine. Unless you have piles of money sitting around, you don't have to worry about your assets. Just make sure your insurance company does the right thing, like you pay them to do. Most people out there are just like you, not "sue happy", but forced to sue when the insurance company we all pay big $ to decides they would rather keep our money than pay when we injure someone. I've never had a client tell me they were happy they got hurt so they could sue someone. That's just ridiculous. Your adjuster probably hasn't heard from her because the doctors may not know the extent of her injuries yet or how she will recover. This will take a long time to determine and is not unusual. You wrote "with no trip in a ambulance because her husband came and picked her up to the hospital. (she walked around and to the car I have a picture of her standing on her vehicle)" - I don't know what that has to do with anything? She broke her wrist not her leg so she should be able to stand ok. I also don't know why her going to a private doctor would "scare" you. If you got hurt, you would go to your doctor wouldn't you? Why would she be any different? Plus, she went to the ER that day via the husband, does it matter how she got there? C'mon. This is about personal responsibility. Take it and move on. You made a mistake, people do. It's not personal it's just a fact of life. Good luck.
Answered on Oct 14th, 2012 at 8:00 AM

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Personal Injury Attorney serving Rosemead, CA at Mark West
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Just as the woman who you hit has told your insurance carrier that she isn't going to give a statement at this time, you can tell her insurance carrier you do not want to give a statement at this time. If your insurance carrier is already involved and you have given a statement to them, tell her insurance carrier to call your insurance carrier. If you get served, the first thing you should do is send a copy of all documents you receive to your insurance carrier and they are required to defend you (i.e. provide you with an attorney).
Answered on Oct 14th, 2012 at 7:59 AM

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Personal Injury Attorney serving Century City, CA at MI ABOGADO
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I think it is pre-mature to be worried about this being a policy limits case. The claim would need to exceed $50,000 in value before your policy limits would be exhausted. Even if the claim exceeds $50,000 in value then the injured party may still have "under-insured" motorist coverage that could cover the excess amount.
Answered on Oct 14th, 2012 at 7:59 AM

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Bankruptcy Attorney serving Bellevue, WA at Wild Sky Law Group, PLLC
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Don't worry about being sued. If you are, your insurance company will provide you with an attorney. However, do not call her insurance company and provide a statement. You are under no obligation to do so - you only have an obligation to cooperate with your own insurance company and any lawyers they assign to your claim. It is very unusual for claimants to pursue someone beyond their policy limits because it is so hard to collect unless you have significant attachable assets like a second home.
Answered on Oct 14th, 2012 at 7:58 AM

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Personal Injury Attorney serving Boston, MA
2 Awards
More often than not, an injured party will take your policy (assuming the claim is worth that much) and be done with it. Attorneys do not usually go after people and their assets unless they have something substantial. If you have only an apartment, I would doubt very much that someone would go after you personally. My best suggestion is for you to speak with your own company and they will defend you in the matter for free. I would not speak to the other insurance company at this time.
Answered on Oct 14th, 2012 at 7:57 AM

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