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Liable for balance after max paid out?

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accord888

Junior Member
What is the name of your state? CT

If a defendant is sued and loses and the amount is more then the maximum amount of coverage paid out by the insurance company - is the defendant liable for the excess?
 


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shell007

Guest
Curious myself! Although you are on the opposite side than me, we are considering a personal civil case due to the fact that the insurance won't settle for nothing but the minimum.
 

accord888

Junior Member
Person walked in side of moving car in parking lot Now sueing. Insurance limit is 50k - person suing is asking for 100k. If the person in the car loses case (you never know!) - is the driver of the car liable for the excess amount out of pocket?
 
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shell007

Guest
If the pedestrian was at fault, you would think they wouldn't be able to sue for anything. On the other hand, if they were not a fault and the driver was, seems like they could sue. Usually the plaintiff asks for high $$$ and then settles for less, usually what ins. will pay. I would cost the plaintiff alot of $$$ to fight it further and usually not worth it in the end. Just an opinion.
 

teflon_jones

Senior Member
Yes, the party who receives a judgement is liable for the full amount of the judgement, regardless of the amount of their insurance coverage.

If they weren't, nobody would carry liability coverage...
 

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