JennCT said:
I live in CT. I am being sued for my full policy limit amount ($100K) for an auto accident. My insurer feels the plaintiff doesn't have a case and wants to go to trial. My question is if we go to trial, and for some reason the jury rules in favor of the plaintiff, and the award amount is over my policy limit....WHO IS LIABLE? Also, do I need my own attorney in addition to the one provided by my insurer?
Thanks
Generally if a verdict comes in excess of the limits the insured is exposed to paying the amount over the coverage. However depending on the circumstances it does not always play out that way. Sometimes the plaintiff will not try to collect an excess because the amount may not warrant tryng to collect and in certain cases where the insurer had the ability to settle within the limits to protect you and chose not to do so, the insurer could be liable. Depends on the facts and your state's law. Not something you can get a yes or no answer on here.
The goal in that case is to pound on the insurer letting them know you expect them to protect you and that if they do not that you will hold them accountable. For that reason, it's worth at least a call to a local lawyer doing insurance claims work.
Also do not always buy into the insurers story that the plaintiff is not hurt, that they are exagerating their claims and it is a frivolous suit. That is what insurance companies want the public to believe in all cases and is often nothing more than their spin.
Best of luck.
- Kevin
