rear end fender bender

[jchav]

I rear ended a woman that was driving a mercedes benz while on my way to work. My insurance company repaired her car for around $6,000 worth in damage. Her husband who is a intellectual property attorney is now suing me for an exess of $28,000 beyond the coverage limits that I have on my car. 15,000/30,000/25,000

I don't understand why he would try and suit me before trying to suit my insurance company and trying to recover from my insurance limits. I don't feel that the accident was entirely my fault since she slammed her brakes to try and avoid being side swiped by a large truck. Her premature reaction was the real cause of the accident and since she didn't get the trucks license plates', she turns around and suits me.

My insurance is representing me in this law suit, however, how strong of a case would this person have to suit me instead of going after my insurance company? Also, should I try and get other representation in addition to the representation that I have through my insurance company?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by jchav:
I rear ended a woman that was driving a mercedes benz while on my way to work. My insurance company repaired her car for around $6,000 worth in damage. Her husband who is a intellectual property attorney is now suing me for an exess of $28,000 beyond the coverage limits that I have on my car. 15,000/30,000/25,000

I don't understand why he would try and suit me before trying to suit my insurance company and trying to recover from my insurance limits. I don't feel that the accident was entirely my fault since she slammed her brakes to try and avoid being side swiped by a large truck. Her premature reaction was the real cause of the accident and since she didn't get the trucks license plates', she turns around and suits me.

My insurance is representing me in this law suit, however, how strong of a case would this person have to suit me instead of going after my insurance company? Also, should I try and get other representation in addition to the representation that I have through my insurance company?<HR></BLOCKQUOTE>

My response:

I don't think you're quite understanding what's happening to you and why.

What's happening: You're being sued because you were negligent. You were following too closely. But for your negligence, she could have been dancing the "Hully Gully" on the roadway, and nothing would have happened.

Why is it happening: In conjunction with your negligence, the Plaintiff DOES NOT sue your insurance company - - the Plaintiff must name you in the lawsuit. Your insurance company is obligated to defend you, and to pay, in the event of loss, up to the maximum of your insurance policy which, in this case, is $15,000.00 for a single person being injured, and $30,000.00 if more than one person is injured. The $25,000.00 is only for property damage.

If the Plaintiff should win (and it's likely the Plaintiff will win), then you might want to discuss Bankruptcy with a Bankruptcy attorney should any judgment be rendered against you for more than the $15,000.00 limit.

IAAL



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