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exposure to civil suit after insurance settlement?

Msnj

Junior Member
#1
What is the name of your state (only U.S. law)? Colorado

So I was in an accident for which I was found to be at fault. As of right now, it seems the insurance companies are going to work everything out between themselves, but I am concerned about the possibility of any civil action (or small claims... if there is a difference) being taken against me afterwords. The medical bills of the other driver exceeded my coverage limit. As I said, I'm being told that the other driver's insurance company has agreed to settle with mine for the full amount of my coverage (after I sign an Affidavit stating my salary and the fact that I have no additional liability policies and no assets), with her insurance picking up the remainder. Will this settlement remove any further liability on my end of any sort? I understand that the other driver cannot "double-collect" on medical expenses. But once the settlement is signed, is she entitled to try to collect for any other damages such as pain and suffering, lost wages or anything similar through a civil suit further down the road? If I'm interpreting what my online research has yielded correctly, the answer is "no", and this settlement should be the extent of my exposure. Is that accurate?

And by the same token, if the settlement between our 2 insurance companies *does* in fact put the matter to rest for good, am I then safe in accepting the deal being offered by the DA on my careless driving ticket, which was points, a fine and restitution for the other driver's unpaid expenses?​

AND (last one, I promise), if I *am* OK in accepting the DA's deal, should I wait until the checks are actually written/cashed to plead guilty in court or is the signed, supporting documentation of the settlement safe enough?​

Any insight anyone may have to share would be greatly appreciated. I'm just trying to stay prepared for the worst of possible outcomes on my end.

Thanks!!
 
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FlyingRon

Senior Member
#2
They can't "double collect." It doesn't work that way.

Further, if they accepted payment from your insurer, they almost certainly were required to waive furhter claims.

The only way they could receive more than your insurance is to sue you (prior to taking any money from your insurer) and not settle and receive a court judgment more than your coverage. Then after taking the insurance maximum, they'd have to pursue the rest from you.

As for the impact on plea deals, you should consult your attorney.
 

Msnj

Junior Member
#3
OK great. I believe I'm just about out of the woods then. After is all said and done with the insurance settlement, I plan to run all the resulting details by my attorney so he can (hopefully) tell me it's safe to plead guilty. Thanks for the info and clarification.
 

quincy

Senior Member
#8
Was anyone else involved in the accident?
What is the name of your state (only U.S. law)? Colorado

So I was in an accident for which I was found to be at fault. As of right now, it seems the insurance companies are going to work everything out between themselves, but I am concerned about the possibility of any civil action (or small claims... if there is a difference) being taken against me afterwords. The medical bills of the other driver exceeded my coverage limit. As I said, I'm being told that the other driver's insurance company has agreed to settle with mine for the full amount of my coverage (after I sign an Affidavit stating my salary and the fact that I have no additional liability policies and no assets), with her insurance picking up the remainder. Will this settlement remove any further liability on my end of any sort? I understand that the other driver cannot "double-collect" on medical expenses. But once the settlement is signed, is she entitled to try to collect for any other damages such as pain and suffering, lost wages or anything similar through a civil suit further down the road? If I'm interpreting what my online research has yielded correctly, the answer is "no", and this settlement should be the extent of my exposure. Is that accurate?

And by the same token, if the settlement between our 2 insurance companies *does* in fact put the matter to rest for good, am I then safe in accepting the deal being offered by the DA on my careless driving ticket, which was points, a fine and restitution for the other driver's unpaid expenses?​

AND (last one, I promise), if I *am* OK in accepting the DA's deal, should I wait until the checks are actually written/cashed to plead guilty in court or is the signed, supporting documentation of the settlement safe enough?​

Any insight anyone may have to share would be greatly appreciated. I'm just trying to stay prepared for the worst of possible outcomes on my end.

Thanks!!
Read the bolded. The post has several references that you seemed to miss.
 

Natas666

Junior Member
#9
OK great. I believe I'm just about out of the woods then. After is all said and done with the insurance settlement, I plan to run all the resulting details by my attorney so he can (hopefully) tell me it's safe to plead guilty. Thanks for the info and clarification.
In Colorado, the statute of limitations for filing a law suit involving auto accidents is 3 years from the date of the accident. Until that date passes, I wouldn't bet that you are out of the woods yet.
 
#10
In Colorado, the statute of limitations for filing a law suit involving auto accidents is 3 years from the date of the accident. Until that date passes, I wouldn't bet that you are out of the woods yet.
You can bet on it being an unsuccessful suit if the injured party has signed a waiver when they received a pay out.
 

Tammy75

Junior Member
#14
In Colorado, the statute of limitations for filing a law suit involving auto accidents is 3 years from the date of the accident. Until that date passes, I wouldn't bet that you are out of the woods yet.
I think I understand why you are saying this. Maybe I didn't understand the OP but can the other parties insurance company not subjugate against the OP?