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I had a dui. 4 people were injured due to my fault. i have auto insurance, can the injured come after me, even if ihave insurnce
Anonymous3 views6 answers
i rearended a van, which had 6 people in it. i believe the injuries were not grevious. my auto insurance is involved. i have paid my fine and completed the sentence. can the injured come after me for any more compensation?
Yes they can, if your liability insurance coverage is insufficient to cover their damages. In MA the basic coverage is 20/40, e.g., $20,000 per person, $40,000 per accident. If you had a similar level of coverage and either at least one person suffered serious injuries, and could be expected to be awarded more than 20K, or the combined award to all four could be more than 40K, he/she or they would be entitled to either come after you for the excess or make a claim on their own Underinsured coverage, which would then try to recover it from your personal assets or earnings.
This would be a losing proposition for them if their damages only slightly exceeded your coverage, or if you had limited assets or earnings.
If your insurer refuses to pay out its coverage limits and you are subsequently sued, and the award exceeds the limits which your company refused to settle for, you may have a claim aganst your own company for its parsimony.
I have published a legal guide on this site which you may find helpful, although it deals with MA insurance, which is most easily accessed through my profile.
Check your coverage. If you own a home, check to see if PA permits you to homestead it, which will protect it from claims like this.
If the insurance company thinks the claim may exceed your coverage, it should tell you and give you the opportunity to get your own lawyer, in addition to that provided by the insurer for your defence.
Again, caveat, I am not familiar with PA law and insurance policies.
. David Rosenthal EsquireCar / Auto Accident LawyerRoseville, CA ·
The injured parties can make a claim for all past and future medical expenses, lost income and pain and suffering caused by the collision. Your insurance company will attemp to settle the claims within your insurance policy limit and, if necessary, provide you with an attorney to defend the case if you are sued.
In most cases the insurance company will be able to get a release of all claims in exchange for a settlement within the policy limit because the injured parties and their attorneys realize it is not economically feasible to spend money and time on a lawsuit against you to get a judgment that they will likely not collect on. Your insurance company has a duty to let you know if they believe there is a danger of an excess judgment against you. In that case you can talk to a separate attorney who only represents you about the situation.
Good luck.
Yes. You are the one responsible.
The insurance you have is the first line of defense, but if the damages are more than your insurance, you are on the hook for it.
Since this is criminal behavior it may not be dischargable in bankruptcy, either.
The technical answer to your question is yes. Since an auto insurance carrier is involved on your end, they will defend you and pay for damages up to the policy limits of the coverage. However, if the claims exceed the policy limits, they would fall back on you.
In most cases, the attorney for the injured will be looking at obtaining the policy limits. It would be expensive for them to go to trial just to obtain a judgement against you for monies in excess of the limits. In most cases, it is simply not worth it.
It is very important that you hire a personal lawyer to look after your interests. That lawyer's role will be to make sure the insurance company does what they should do - fairly evaluate the claim with your potential exposure in mind. This lawyer many times can help pressure the insurance company to offer the policy limits which can assist in the case being settled.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
Yes, I hope you had an umbrella policy.
The answer does not create an attorney-client relationship and is for informational purposes only.
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