<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Shellster:
About a year ago my husband caused an auto accident. Nobody was seriously hurt. He even called back a few days later to check on them. One lady said that her back was a little sore and she was going to go to her doctor. Well now she has filed a lawsuit against or insurance company. We got a phone call from her attorney this morning. They are working to settle with our insurance company, but they're not giving her what she's asking for. My question is ...if our insurance company won't give her the amount she is asking for can she sue us personally? <HR></BLOCKQUOTE>
My response:
First, she has not filed a "lawsuit" against your insurance company - - she has made a "written claim" to your insurance company, at this point. If your insurance company and the claimant cannot agree on a settlement within your policy limits, then she can name you in a lawsuit. However, while you might be "served" with a Summons and Complaint, you shall turn over such papers to your own insurance company for the Defense you are paying for, and are entitled to. Your insurance company is then obligated to pay the Claimant (Plaintiff), either in settlement of the lawsuit, or by way of judgment, all sums up to the limits of your policy coverage. Anything over that amount, you may be required to pay on your own - - however, and despite that rare possibility, your insurance company owes you a defense to the action, because that's why you pay insurance premiums. You will not have to pay for such defense attorney, and you do not, necessarily, have to pay for another, separate attorney (although you can pay for a separate attorney at any point to watch the action and to make sure everything is being defended properly - - it's up to you, but not necessary).
IAAL
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