Defendant in Auto Accident

[thinktank]

I was involved in an auto accident where I rear-ended someone on a rainy street. The other driver has had surgery and I have a feeling that the expenses will exceed my insurance limits. I have been told that her insurance will pursue me for anything over and above what my insurance will allow. But I have nothing. No house (I rent), only 1 car for my whole family, no savings...what can I do? We wanted to try and purchase a home, but I can't for fear they will take it away from me. THe injured will probably get a large settlement, and she deserves something, I agree. But am I looking a bankruptcy? Please help, I want to be fair, but I also don't want to be taken advantage of.

 

[prairielaw3]

In most circumstances a driver who rear ends another will be found negligent; the only question is what degree, if any comparative negligence would be found on the other driver; in most states the liability of a driver to one following ( absent such things as lane deviation) is minimal. To protect yourself, talk first to your insurance co. Has there been a demand? What are the statute of limitations in your state etc? Until there a real demand on the table it really hard to determine what your real risk is, so it really may be premature to start bankruptcy or other until you a better handle on what happening. If a demand that high exceeds the policy, then see an attorney as there may be things an attorney can do to influence the insurance co to try to settle within policy limits

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George H. Senteney
http://www.prairielaw.com

 

[thinktank]

There was a preliminary offer made by their attorney, but my insurance company turned it down. We did find out that her injuries stemmed from an incident before the wreck, but attorney says that the accident caused greater damage. Now we have the medical bills adding up and her ;pain & suffering on top of it. If they decide on more than my limits and come back with a judgement on me...what can they take? My wife's wedding ring? My 401k? My house down payment that is tucked away in a savings account? I have been advised by the insurance to not get an attorney until they come back with another request and then if it is above my limits, then get a lawyer...is this good advice? Again, I agree she deserves something...I was at fault, she was completely stopped, and I just stopped too late, sliding into her...but can you get blood from a turnip?