Medical Liability Exceeded Advice Please!

[wsteyert]

What is the name of your state (only U.S. law)? Indiana

Hello,

I was in a vehicle accident. It was determined that I was the party at fault. I received a letter from the claims adjuster of my insurance carrier that the medical bills for the other party were likely to exceed the $50,000 medical liability per person per accident. The letter suggested that I may want to consult an attorney, and that my insurance company will assist me and my attorney in any way that it can.

I'm going to assume the worst case scenario and that is that we are sued for the medical bills not covered by our insurance; either by the other party, or the other party's insurance company if they cover Under-insured/Uninsured.

1. Since the accident was determined to be my fault will a law suit against me be an "automatic win" for the other party?

2. If my wife and I are hit with an extremely high settlement amount is there any recourse other than filing bankruptcy? Our finances are already stretched to their limit due to her being off work for the past 15 weeks from back surgery and she contributes 2/3 of our income.

3. If we decide to file Chapter 7 bankruptcy following the outcome of the medical settlement will that provide us relief from that settlement?

Any advice or help will be greatly appreciated!

[ecmst12]

It won't be a question of winning or losing the suit, since it's known you were at fault, it's a question of them proving the amount of their damages.

The rest depends on how much over your policy limits they are awarded. But you should talk to your insurance company and possibly your own attorney before you start worrying about worst case scenarios.