Expert: Anne - 8/18/2008

Question
i was in a car accident that was my fault almost a year ago.
i received papers this morning stating that they are suing me for 750,000.00...
my insurance was a 25/50 policy
can i be sued for everything i have and my family has
which isn't much.
have contacted my ins co. and they have appointed me a attorney.
should i retain one on my own?
am i responsible for 750.00.00 for a broken foot?

Answer
Hello James:

I am sorry to hear about your situation. Relax, lawyers will sue in excess of policy limits to force the insurance company to give the a good settlement. Your insurance company will have to settle for the limits (25K per person) in exchange for a release against you. This is a full release.

If they do not sign this release, then your insurance company has to go to trial and defend you. As far as getting your own lawyer, I recommend you do. Here is an article about that:
http://www.auto-insurance-claim-advice.com/Rights-of-Counsel.html It is kinds of hard, but a lawyer that you pay is better than a lawyer the insurance company pays.

As I said before, settlement is usually way lower than the original lawsuit. However, the other lawyer might want to get your limit and then go after their own insurance company for “under insured limits” which if it happens they will come after you for that excess.

Can it happen that a broken foot is worth 750K? It depends on how bad of a “broken” bone are we talking about. Is this person crippled for life? Are they going to limp forever? Can this person continue working or their foot was essential to their occupation? There are too many variables to answer this question. You asked, are you responsible, well, if the court says that the damages are that much, then yes. If they are less, then you owe less.

Good Luck,
Anne.