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florida; i rear ended someone at a stop light. There was no property damage and, at the time, noone was hurt. The drive of the other car took my phone #. The next day, I got a call from the other driver's ins. co. The very old woman passenger went to the hosp. that morning and has a fractured sturnum. Probably caused by the seat belt & her fragility due to her age. The other ins. co. adjuster even said that if it was someone younger, there probably would not have been an injury. A week later, I got a phone call from an attorney representing the passenger. He wanted my ins. co. name. My ins. is only 25,000/50,000. Can they come after me directly? Do I need to get my own attorney or just wait and see what happens? I have very few assets of my own. What can happen?


Senior Member
My response:

First of all, there's an old saying in the law - "You take your Plaintiff as you find him (or her)." So, it doesn't change things to whine and moan over the fact that the old lady (soon to be Plaintiff) was old and fragile, and wouldn't have been hurt if she was a young person. It's irrelevant.

Don't make unsupportable assumptions. First you say "noone" was injured, and then in the next breath, you say the woman had a "fractured sternum". And, I'll bet you dollars to dimes that there was, in fact, damage to the other vehicle. Because you're not an autobody mechanic, you're not counting what you don't see. Not a good idea. If you broke someone's sternum, you can bet there was autobody damage - - you're in "denial".

If the Plantiff(s) are unable or unwilling to settle within your policy limits, then they will eventually file a Complaint (Lawsuit) with the court, naming you as the Defendant. They will then have the Complaint served on you, and thus, commence the litigation process.

Your job, in that instance, will be to IMMEDIATELY turn the Complaint and all other papers you are served with, over to your insurance company. You won't need your own attorney because you're already paying for a "defense attorney" in the cost of your insurance premium payments. By contract and by law, the insurance company has a duty and obligation to defend you - - no matter what the extent of your policy limits, and that means all the way through to trial if it should get that far.

Just be aware that your policy limits are extremely low, and you're dealing with an old woman whose sternum was broken. The likelihood of a settlement within your policy limits is slim and none. Should this matter go to arbitration and / or trial, the likely judgment against you is going to be far greater than the $25,000.00 per person limits, and you'll be on the hook for any amounts over that limit.

Good luck to you.


(P.S. There is no such word as "noone". The phrase is two words, "No one." Now, if you're talking about 12:00 p.m., then that would be "Noon".

[Edited by I AM ALWAYS LIABLE on 06-09-2001 at 11:50 AM]


My wife has in-laws named Noone. One of them was a singer in the the 60's group Hermans Hermits, Peter Noone.


Senior Member
Xjudge said:
My wife has in-laws named Noone. One of them was a singer in the the 60's group Hermans Hermits, Peter Noone.
My response:

Yeah, but that was pronounced "Noon" - - anyone can pronounce their name any way they want.

And besides, I don't recall any Dick Clark interviews where Peter pronounced his name, "No one".


Henry VIII

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