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Can I be sued by a person driving w/o ins who causes an accident?
I was involved in an accident and there were no witnesses, neither driver was charged, the person who hit me and caused the accidsent was ticketed for driving w/o insurance. This person is trying to sue me. My ins. co. offered her $8,000.00. She wants 14, 000.00.
Can she sue me for my personal property? What are my rights? |
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First, Anyone can sue anyone over almost anything. The fact that she was driving without insurance has nothing to do with it, though it might have a bearing on a jury's decision if it gets that far. You claim she caused the accident, yet it your carrier offered her a settlement which indicates, that there is at least shared fault. If there was shared fault, then you and yyour insurer should be suing her! If she takes this to court and wins, then your insurer will cover you to the limits of your policy (which I assume is more than $14K). So you are covered there. |
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Originally Posted by ScottGem
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All good answers. Right now its your word againist hers as to who caused the accident. Your property should be safe, the insurance company should be left to handle this and will cover the lawyer and the settlement, to policy limits. I can tell you that if your company does not settle she is open to suing for more than the $14k |
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All reasonable responses before me... I'll add this: worst case scenario - she sues and wins and say $14K surpasses your policy limits; then you owe the balance out of pocket. Your insurance carrier will have top notch attorneys fighting the case and will try to settle within your limits if possible. What she wants and what she gets may not be the same thing. Legally, you are obligated to indemnify her which means to make her "whole" - so that means she is entitled to have her car repaired and medical care paid. Again, if her injuries exceed your policy limits, then you are left holding the bag. |
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