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Old 03-21-2005, 07:39 AM
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Join Date: Mar 2005
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Sued for over coverage limits


I rear-ended a car 5 months ago while going about 9-10 miles per hour. It was on a buzy freeway during rush hour. I was looking to change lanes and didn't see her stop. The car in front of her had also stopped.
An ambulance was called to the scene. No one was treated at the scene. A passenger in the car was pregnant. The ambulance attendent asked her if she was all right. She said she was. The van .. which was on the way to the hospital anyway (for the pregnant ladies appointmnt) continued to the hospital. The driver of the van, was standing waiting for the police and ambulance, as was I, for about 45 minutes. She never complained about any pain, she was not bleeding nor did any one else in the van (there were 4 people) get treatment from the ambulance attendent). Her car also hit the car in from of her.

This happened in Louisiana, I am a California resident, I had the minimal insurance required in California ($15,000 / $30,000). Me and my insurance company are now being sued for at least $75,000 thousand dollars. There was no exact amount mentioned on the complaint filed by their attorneys - just that it exceeds $75,000.

I was cited for "losing control of the vehicle". I hired a traffic attorney to represent my traffic summons and he told me that tha case was dropped.

Other facts:

1. The baby was delivered normally.
2. Lousiana requires $20,000 insurance I had $30,000.
3. I have no ther insurance other than the $30,000.
4. I am being represented by a law firm in Louisiana that was hired by the insurance company.
5. The 4 plaintifts have banded together to file a claim against me and the insurance company for the usual complaints during whiplash (soft tissue damage, disfigurment (that's a crock), loss of consortium, med bills, pain and suffering, etc).
6. I reside out-of-state - California but the law suit is in Lousiana in a district court.
7. Damages to the van were $2,000.00. The car in front of her was damaged $600.00.

Yes I know that I am personally liable for anything settled or awarded above the $30,000. But I am already troubled by a divorce and being out of work. So I am losing sleep over this and always depressed. So I am just trying to understand what the likelihood is that their attorney will come after my personal assets (I have none other than an IRA and a home which is going to be sold for the divorce). I am $40,000 in debt from the divorce for credit cards.
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