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