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I injured somebody in a car accident. The insurance company refused to settle within my policy limits, and the jury awarded damages in excess of my policy limits. Must I pay the excess?
Maybe. If your insurance company had an opportunity to settle the case within your policy limits before trial, you may be able to sue your insurer for letting the matter go to trial when the company could have reasonably settled. If you win, the company could be held liable for all of the damages the other party was awarded. However, if your insurance company did everything it was supposed to, you will normally have to pay the difference between the policy limits and the amount of the verdict.
You may get a warning before trial. If during negotiations, the opposing party demands an amount over the policy limits, a letter normally goes out from the insurer to inform you of that demand and that you should consider hiring your own auto accident attorney. The lawyer you hire works to protect your personal assets beyond what the insurance policy covers, such as your wages and bank accounts. If the verdict is against you, your attorney will advise as to whether you should appeal. Sometimes filing an appeal allows that attorney to negotiate a settlement that is lower than the verdict. |
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Should I try to settle with the other person’s insurance company?
How do insurance adjusters work on car accidents?
Are different types of accidents treated differently?
What if the ‘accident’ involves intentional wrongdoing?
Suppose the accident involves an inherently dangerous activity?
What about ‘reckless’ conduct?
What about accidents occurring from plain old negligence or carelessness?
Suppose the accident is ‘all my fault’?
What about ‘accidents’ that result from an ‘act of god’?
What about ‘accidents’ resulting from defective products?
If I go to a circus knowing that wild animals are there, or to a baseball game and get hit by a foul ball, do I ‘assume the risk’?
As ‘accidents happen’ why are lawyers involved?
Do people need a lawyer for all accidents?
Do I have to pay the lawyer in an accident case up front?
If I am in an accident do I have to speak to the other side’s insurance company?
I injured somebody in a car accident. The insurance company refused to settle within my policy limits, and the jury awarded damages in excess of my policy limits. Must I pay the excess?
While driving next to a golf course that had no fencing, my car’s window was cracked by a golf ball. The course manager claims no responsibility and told me the person who hit the ball is liable (but is impossible to find). Can I sue the owner of the golf course?
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