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  #1  
Old 06-26-2003, 03:39 PM
dk2
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Help... Help Please....Please advice. Help


What is the name of your state? FL

I was involved in a muti-car accident... I was in the 3rd car, I may be getting sued by 2nd car driver for bodily injury claim (soft-tissue related - solder or neck pain). But 2nd car driver hit harder on 1st car (cost $8000+ on property damage, paid by 2nd car insurance). My hit on 3rd car cost just $400 after the first accident (no hard hit or bump, paid by my insurance). No one was injured and all cars were in good driving condition. We all went home with our own cars. After 4 month later I got a letter from 2nd car's attorney asking my insurance details.

We don't know the claim yet. Most probably soft-tissue related (solder or neck pain). My insurance company, is informing me that they will not settle with the plaintiff since any injuries she sustained is not be my fault.

In this case, this case might end up in trial. If I make a house purchasing after the lawsuit, what would happen if I were buy a house then court decides that the amount she gets is more then my insurance limit of $10,000? Do I need to sell the house? Where can I find more info on this issue?

Last edited by dk2; 06-30-2003 at 01:45 PM.
  #2  
Old 06-26-2003, 04:17 PM
badtenant
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the answer is YES....so

Dont buy a house, dont get married, and Dont have kids, until this is settled.

Or else you could get reamed pretty good.
  #3  
Old 06-30-2003, 11:45 AM
wooshie
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I do not agree with badtenant. If I am reading you correctly this was a three car rear-ender and you were the last vehicle in line.

Your insurance company will not settle with the driver of the second vehicle because they will take the stance that any injury this person sustained was caused by the first and more significant impact.

I sincerely doubt that this case will ever make it to a trial. This person will be very hard pressed to find a doctor that will state to a reasonable degree of medical certainty that the injury was caused by the second impact (the one you caused) and not the first (the one driver #2 caused). An attorney must prove that the injury is related to the collision that was not driver #2's fault before you become liable. If this person had a passenger(s) then he/she would look to both driver #2's policy and to your policy, again because it is impossible to pinpoint exactly which collision caused the injury. But your insurance company is going to point to the fact that the second impact was significantly less forceful than the impact caused by driver #2.

If on the off chance there is a judgment against you-and the jury was completely insane and awards an excessive monetary judgment-most people are not collectable beyond policy limits (10,000 in your case). Unless you have multiple houses, cars, or a lot of cash. They cannot just take your house or force you to sell. It just does not work that way.

So do not put your life on hold as badtenant has suggested. Let you insurance company handle this. That is why you pay for coverage. They are contractually obligated to defend you in this collision. Believe me insurance companys do not pay claims if they can find a way out of it.
  #4  
Old 06-30-2003, 01:56 PM
dk2
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wooshie, Thank you very much for this detailed info.
  #5  
Old 06-30-2003, 02:03 PM
dk2
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wooshie, Thank you very much for this detailed info.
  #6  
Old 06-30-2003, 03:44 PM
badtenant
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Quote:
Originally posted by wooshie
I do not agree with badtenant.
So do not put your life on hold as badtenant has suggested. Let you insurance company handle this. That is why you pay for coverage. They are contractually obligated to defend you in this collision. Believe me insurance companys do not pay claims if they can find a way out of it.
======================================

I warned you....but if you want to throw caution to the wind, go ahead..... But if you lose, everyone suffers especially if you produce any children.
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