Here's the scenario: a driver hits a pedestrian. Pedestrian's attorney says that he has a fractured skull and other serious injuries and that his medical bills are over $40,000. Driver's insurance policy limit does not exceed $100,000. What are the chances that the case won't be settled within that limit? If the driver does not have any asset except for bank account and a job, what are the chances that he will be sued and his wages will be garnished and there will be a lien on his bank account?

Sorry to hear of your dilema. A little difficult to assess your chances of lawsuit, but considering the seriousness of the accident and the fact the opposing party has an attorney, I would expect suit against you.

Whatever your insurance company doesn't cover, you will have as a judgement placed against you. At this point, your situation will function as a judgement, and lots of things will/could effect you.

The opposing party will have to record the judgement against you in your county of residence to attach any sort of lien, and serve you with a notice of information at which point they will ask for where you work and bank accounts. If you own your house or ever buy property, the lien can attach to the real estate. Liens must also be renewed every 10 yrs or sooner depending on the state.

It is definitely a tough situation but one that can be overcomed in time. Best Wishes!

Quote:

---

Originally Posted by kc555

Here's the scenario: a driver hits a pedestrian. Pedestrian's attorney says that he has a fractured skull and other serious injuries and that his medical bills are over $40,000. Driver's insurance policy limit does not exceed $100,000. What are the chances that the case won't be settled within that limit? If the driver does not have any asset except for bank account and a job, what are the chances that he will be sued and his wages will be garnished and there will be a lien on his bank account?

---

I once rear ended a car 20 yrs ago... It was my fault.

I got sued... well insurance co did. $1,000,000 bucks... I don't have that money of course, most people don't.

They ended up settling a few years later for $30,000... sure, you could get sued... you know how attorneys are.. they see $$$

At bills over 40,000, not to say what they will want for future doctor bills, loss of work, pain and suffering, and then if they have an attorney the attorney biills.

It can easily go over 100,000 but if that is what they know your insurance is, they will get it first.

It could easily go over the $100.000. Policy limit with lost wages, continuing med expenses, atty fees, etc. but it's difficult to assess. Insurance will stop at 100,000. And unless, the driver has assets, I doubt they will pursue the driver for additional monies but they might -- i.e. go after the driver's wages.