What should I do?

[xiaodong]

Dear lawyer:
I rear-ended another car in Maryland on 2/27/1999. That was my falut. I was just driving normally at 30-40mph and looking to the right to change to the right lane. When I looked back I suddenly found the other car stopped in the middle of the road although it is not a traffic ligh.My insurance company said I was at fault but said they will take care of it. At least on that day the old gentleman still spoke to me and I did not see appearent injuries. Then I have never heard anything from my insurance company or the other driver.

But all of sudden, today I got a letter from my previous insurance company saying that the other driver's atterney wants a settlement and the amount might exceed my coverage (25,000) although that is not happening now. The insurance company said they thought it would only several thousands and they didn't contact me. Now the medical bill has totaled to $9,000. And they don'w know how much they are going to ask for. Should I get the detailed record of their handling right now? What can I do to avoid being pursuied a higher amount than my coverage? I am a student and has no money at all? What will happen if they do ask for a higher amount and I don't have the money?
Thanks again.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by xiaodong:
Dear lawyer:
I rear-ended another car in Maryland on 2/27/1999. That was my falut. I was just driving normally at 30-40mph and looking to the right to change to the right lane. When I looked back I suddenly found the other car stopped in the middle of the road although it is not a traffic ligh.My insurance company said I was at fault but said they will take care of it. At least on that day the old gentleman still spoke to me and I did not see appearent injuries. Then I have never heard anything from my insurance company or the other driver.

But all of sudden, today I got a letter from my previous insurance company saying that the other driver's atterney wants a settlement and the amount might exceed my coverage (25,000) although that is not happening now. The insurance company said they thought it would only several thousands and they didn't contact me. Now the medical bill has totaled to $9,000. And they don'w know how much they are going to ask for. Should I get the detailed record of their handling right now? What can I do to avoid being pursuied a higher amount than my coverage? I am a student and has no money at all? What will happen if they do ask for a higher amount and I don't have the money?
Thanks again.<HR></BLOCKQUOTE>

My response:

There is nothing you, specifically, can do to keep the "old gentleman" from asking for an amount higher than your limits - - the problem for him will be in "the getting it."
Be aware though that when you bought insurance, you were given choices concerning policy limits, and for whatever reasons, you chose thos low limits. In matters of negligence, the maxim in the law is: "You take your claimant as you find him." That means, as an "old gentleman," he might be more prone to injury than a "young gentleman", so there could be injuries, in fact, that the man suffered far in excess of your policy limits. Be aware, also, that your insurance company will do what it can to settle the matter within policy limits; but if the man feels he wants and needs more, your insurance company will pay all that it is obligated to pay, or defend you against the "old gentleman" in the litigation process. Should you lose at arbitration or trial, for an amount larger than your policy limits, the insurance company will pay all that it is obligated to pay under your policy, and you will be obligated to pay the rest. Then, you mentioned that "I don't have any money." That makes no difference. If a judgment is rendered against you, that judgment is good for 10 years, and then renewable for another 10 years, for a total of 20 years. During that time, you're bound to have money that can be levied upon.

When the claim really gets going, if the insurance company cannot settle the claim within policy limits, then you'll have plenty of opportunity to speak with the attorney from your insurance company to discuss strategy for the present, and your future.

Good luck.

IAAL



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