Subject: Facing a Lawsuit Exceeding My Policy Limit After an Accident – What Should I Do?
I’m currently dealing with a lawsuit that exceeds my policy limit following an accident where I believe I wasn’t at fault. The other driver is claiming otherwise and has a passenger who is testifying as a witness. This ordeal has been dragging on for over a year now, and they recently changed their attorney while still demanding more than my policy limits.
Unfortunately, there’s no concrete evidence, like video footage, to support either side, and it feels like a classic he-said-she-said situation. My insurance company seems to be considering a split fault (50/50), which is concerning. With my policy limit set at $100,000, I’m feeling overwhelmed and uncertain about my future. Am I in serious trouble here? Any advice would be greatly appreciated.
I’m sorry to hear you’re in this difficult situation. Being sued for more than your policy limit can be really stressful, especially when you’re not at fault. Here are a few things to consider:
Legal Representation: If you haven’t already, it’s crucial to hire a personal injury attorney who specializes in car accidents. They can help you navigate the complexities of the case, especially if your insurance company is trying to settle for a percentage of fault.
Insurance Defense: Your insurance company should defend you up to your policy limit. If they believe you are not at fault, they may fight the case on your behalf. However, if they are pushing for a 50/50 settlement, you should discuss your concerns with them and ensure that they are adequately representing your interests.
Excess Judgments: If you end up being found liable for more than your policy limit, you could be responsible for the difference that exceeds your insurance coverage. This could lead to wage garnishment or impacts on your credit if a judgment is made against you.
Negotiation: Sometimes, cases can be settled out of court, especially if liability is disputed. Your attorney can potentially negotiate with the other party’s lawyer to reach a settlement that works for both sides.
Future Steps: Maintain open communication with your attorney and follow their advice. They can provide you with information on what to expect and guide you through the process.
Emotional Support: It’s understandable to feel overwhelmed. Consider reaching out to friends or professionals for emotional support during this challenging time.
Remember, you’re not alone in this, and there are ways to navigate through it. Focus on getting the right representation and taking things one step at a time.