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I was at fault in an accident and now my Personal Injury Liability has been exceeded..
Anonymous1 views3 answers
So in December of 2009 I was in an accident and was at fault. Well last night we recieved a letter from our Insurance company stating that the personal injury liability has been exceeded on the claim and we are liable for the diference. Well the amount is $78,000 and insurance covers 20000/40000. What do I do? There's no way the guy was hurt that bad. He was fine after the accident. He sat in his car and was arguing on the phone with someone. Once the police showed up though he stopped doing anything and went in the ambulance to the hospital. What do I do? I don't have $78k. I need help.
You should hire your own lawyer to work with assigned defense counsel from your insurance company. You need to defend the case and cooperate with your insurer to keep the coverage you did purchase in place. Ask your assigned defense counsel from your insurer to explain excess exposure to you. He is your lawyer, so ask him.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
With only $20,000 worth of liability insurance, you are seriously underinsured for this day and age. You should contact a civil defense attorney who defends motorists who are sued by injured parties. You should ask the attorney to represent your interests and pressure your insurance company to make a settlement within your policy limit and not expose you to a potential excess verdict.
I also suggest that you make an appointment with an independent insurance agent and discuss with the agent what would be appropriate coverage for you, giving your age, assets and income. $20,000 worth of coverage is not adequate. The independent agent can help guide you in deciding what level of coverage you need to protect you.
Legal Disclaimer:
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
Some additional facts are needed. What is the $78,000 for, and what is the status of settlement discussions in your case? You need to ask the attorney who is representing you through your insurance company whether the case can be settled for your insurance coverage limits. You should also consider hiring an experienced personal injury lawyer to represent you and assist in getting the case settled for your limits. You may want to consider a lawyer who represents plaintiffs in personal injury cases since this lawyer will need to be adverse to your insurance company.
