need an advice please

Hi, I need an advice for my case, thanks in advance.
What is the name of your state? california

I was driving behind a truck loaded with a staircase in a normal distance on a freeway, all of sudden the stair fell off of the truck and because it was happening so fast, I don't have time to avoid it, so I drove by it and my car's tire explode as the result of it, and then I lost controll of my car and it swung to the left side (I was was driving on the slowest line on the right )of the freeway and maybe because of the sudden movement, a lexus SUV hit my rear end from behind. The suv's driver and its passenger were injured and sent to a hospital. That was heppening in january 2005. Last week, july 2006, my insurance agent contacted me and told me the medical bill of the two victim exceeded my insurance cover of 15,000/30,000, which is 30,000 for the passenger and 169,000 for the driver, and he adviced my to get a lawyer to protect my assests.

my question is:
since I never admitted (in police report and to my agent)that it was my fault can I still get sue? and also shouldn't my insurance company provide me with lawyer to defend my case?

I don't have much money in my bank account but I have 401k, that I'm affraid of loosing if I get sue. What is the best thing to do? I'm thinking to file a bankrucpcy if I get sue since I don't have money and not working right now only my wife

chandra said:

since I never admitted (in police report and to my agent)that it was my fault can I still get sue?

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Yes.

and also shouldn't my insurance company provide me with lawyer to defend my case?

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They will... up to the limit of your policy.

What is the best thing to do?

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The best thing to do is to sue the owner of the vehicle that dropped the stairs on the freeway.

You also had the state minimum coverage requirement, which you have just found out, while it is legal, is NEVER enough. You should raise the amount of insurance coverage that you purchase, going forward. Having said that, had you had the recommended amount of coverage (100/300/50), it still would not have been enough, for the driver with $169,000 worth of injuries, but insurance will not cover EVERY situation, but it would have been better for you than what you did purchase.

JETX said:

The best thing to do is to sue the owner of the vehicle that dropped the stairs on the freeway.

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I have no information about the driver or the vehicle/license number. the driver runs away. never stopped

moburkes said:

You also had the state minimum coverage requirement, which you have just found out, while it is legal, is NEVER enough. You should raise the amount of insurance coverage that you purchase, going forward. Having said that, had you had the recommended amount of coverage (100/300/50), it still would not have been enough, for the driver with $169,000 worth of injuries, but insurance will not cover EVERY situation, but it would have been better for you than what you did purchase.

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what would be the best thing to do to protect my 401k, hire a lawyer to defend my case which is very expensive for me or hire a lawyer to file bankcrupcy, I prefer the latter but not sure if that's an option since I heard that there's a new law to file for a bankcrupcy

chandra said:

I have no information about the driver or the vehicle/license number. the driver runs away. never stopped

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Then you file on YOUR uninsured motorist coverage.

chandra said:

what would be the best thing to do to protect my 401k, hire a lawyer to defend my case which is very expensive for me or hire a lawyer to file bankcrupcy

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No one can make that decision for you... without a complete review of your financial condition.... however, generally, bankruptcy is NOT an appropriate action to try to avoid a single issue.

Also, your 401k is exempt from seizure anyway....

JETX said:

Then you file on YOUR uninsured motorist coverage.

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Jet, she still doesn't have enough coverage. The limit on the UM can't be higher than her liability limits, and you can't use both coverages.

moburkes said:

Jet, she still doesn't have enough coverage. The limit on the UM can't be higher than her liability limits, and you can't use both coverages.

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Missed that she had coverage.... too many whiney posts between now and the first post.

JETX said:

No one can make that decision for you... without a complete review of your financial condition.... however, generally, bankruptcy is NOT an appropriate action to try to avoid a single issue.

Also, your 401k is exempt from seizure anyway....

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thanks alot for the reply, that's one of the thing that I really need to know, thank you...