normally, your insurance company will make him sign a release which basically says they are agreeing to pay him this money and he agrees not to sue you or anyone else covered by the insurance policy who might be liable.
however, they could negotiate that he would still have a right to sue you/your uncle. or, if $300,000 was the limits of the insurance policy, and that doesn't cover the damages, there is a good chance the guy would not agree to a release preventing him from suing you/your uncle.
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normally, your insurance company will make him sign a release which basically says they are agreeing to pay him this money and he agrees not to sue you or anyone else covered by the insurance policy who might be liable.
however, they could negotiate that he would still have a right to sue you/your uncle. or, if $300,000 was the limits of the insurance policy, and that doesn't cover the damages, there is a good chance the guy would not agree to a release preventing him from suing you/your uncle.
Hey guys, asking for a relative. I dont have the details, if was my own case of course I would.
If someone was injured in a car accident. My fault.
and sued me. I guess guy had injuries, pain , suffering, whatever case may be.
My insurance company offers him 300K settlement, he accepts.
Can he turn around and sue me now for more money?
I thought after he accepted the settlement then he gives up the right to sue?
Help me out fellas. Any questions ill be happy to answer. Thank you.
Im pretty sure the man accepted a 300K settlement, and now my Uncle
received a letter from the man's attorney and he's being sued for 5million.
Thoughts?
normally and remember every case is different, the claimant's lawyer will sue up to the limits of the policy so it will help if the limits are 300,000 and not 25,000.
Any judge would take a dim view on "double dipping" so if that;s the case, I don't think "your uncle" has much to worry about.
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Quote Originally Posted by samuelsosa:
Hey guys, asking for a relative. I dont have the details, if was my own case of course I would.
If someone was injured in a car accident. My fault.
and sued me. I guess guy had injuries, pain , suffering, whatever case may be.
My insurance company offers him 300K settlement, he accepts.
Can he turn around and sue me now for more money?
I thought after he accepted the settlement then he gives up the right to sue?
Help me out fellas. Any questions ill be happy to answer. Thank you.
Im pretty sure the man accepted a 300K settlement, and now my Uncle
received a letter from the man's attorney and he's being sued for 5million.
Thoughts?
normally and remember every case is different, the claimant's lawyer will sue up to the limits of the policy so it will help if the limits are 300,000 and not 25,000.
Any judge would take a dim view on "double dipping" so if that;s the case, I don't think "your uncle" has much to worry about.
Unless otherwise stated in the full & final release provided by the insurer, the policy holder should be protected from any further litigation by the claimant.
If they wanted that bite at the apple they should have pursued it before they settled.
Right?
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Unless otherwise stated in the full & final release provided by the insurer, the policy holder should be protected from any further litigation by the claimant.
If they wanted that bite at the apple they should have pursued it before they settled.
normally and remember every case is different, the claimant's lawyer will sue up to the limits of the policy so it will help if the limits are 300,000 and not 25,000.
Any judge would take a dim view on "double dipping" so if that;s the case, I don't think "your uncle" has much to worry about.
it's not double dipping. if you have cause an accident and the other guy has $100,000 in damages but you only have a $10,000 insurance policy, he can get your $10,000 policy and then go after you for the remaining $90,000. if his lawyer signed a release saying he couldn't go after you after only getting the first $10,000, his lawyer is an idiot and very well could get sued for malpractice and have to pay the other $90,000 himself.
the policyholder would not be protected in this situation except for the first $10,000 that his insurance paid.
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Quote Originally Posted by mr_bollox:
normally and remember every case is different, the claimant's lawyer will sue up to the limits of the policy so it will help if the limits are 300,000 and not 25,000.
Any judge would take a dim view on "double dipping" so if that;s the case, I don't think "your uncle" has much to worry about.
it's not double dipping. if you have cause an accident and the other guy has $100,000 in damages but you only have a $10,000 insurance policy, he can get your $10,000 policy and then go after you for the remaining $90,000. if his lawyer signed a release saying he couldn't go after you after only getting the first $10,000, his lawyer is an idiot and very well could get sued for malpractice and have to pay the other $90,000 himself.
the policyholder would not be protected in this situation except for the first $10,000 that his insurance paid.
If it was just a car accident, then the insurance would cover everything.
The DUI turns it into something similar to criminal negligence, especially if this is not the first DUI, and the car insurance will not cover those damages (pain and suferring)
This where you are much better off being poor, because no one can ever sue you, because there is no money to be made.
If you are worth a couple million, then lawyers will salivate over suing you.
If you are worth several hundred million, no lawyer will sue you because you have the money to drag out the case forever, and the lawyer makes no money.
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I am not a lawyer....
If it was just a car accident, then the insurance would cover everything.
The DUI turns it into something similar to criminal negligence, especially if this is not the first DUI, and the car insurance will not cover those damages (pain and suferring)
This where you are much better off being poor, because no one can ever sue you, because there is no money to be made.
If you are worth a couple million, then lawyers will salivate over suing you.
If you are worth several hundred million, no lawyer will sue you because you have the money to drag out the case forever, and the lawyer makes no money.
If it was just a car accident, then the insurance would cover everything.
insurance only covers what you paid them to cover.
The DUI turns it into something similar to criminal negligence,
especially if this is not the first DUI, and the car insurance will not
cover those damages (pain and suferring)
insurance does cover pain and suffering if you cause an accident while dui. at least where i;ve worked. what they don't generally cover is intentional acts. i.e. you intentionally hit someone with your car.
If you are worth several hundred million, no lawyer will sue you because
you have the money to drag out the case forever, and the lawyer makes
no money.
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If it was just a car accident, then the insurance would cover everything.
insurance only covers what you paid them to cover.
The DUI turns it into something similar to criminal negligence,
especially if this is not the first DUI, and the car insurance will not
cover those damages (pain and suferring)
insurance does cover pain and suffering if you cause an accident while dui. at least where i;ve worked. what they don't generally cover is intentional acts. i.e. you intentionally hit someone with your car.
If you are worth several hundred million, no lawyer will sue you because
you have the money to drag out the case forever, and the lawyer makes
no money.
Generally speaking, if you have sufficient policy limits and there is coverage and no exclusion then the insurance company will cover the costs of defense and the settlement payout and the tortfeasor won't be on the hook for any of it.
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Generally speaking, if you have sufficient policy limits and there is coverage and no exclusion then the insurance company will cover the costs of defense and the settlement payout and the tortfeasor won't be on the hook for any of it.
How bad was the pain and suffering, that is key. If the other person got real messed up and your Uncle has assets they might take him to court. But first check with the insurance carrier and find out if the person signed a release.
But I would think he is safe. Lots of shady lawyers out there.
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How bad was the pain and suffering, that is key. If the other person got real messed up and your Uncle has assets they might take him to court. But first check with the insurance carrier and find out if the person signed a release.
But I would think he is safe. Lots of shady lawyers out there.
Insurance coverage is like any other contract. Your coverage is what you bargained for when you signed the contract; nothing more, nothing less. ClubDirt gave you good advice. Read the contract and then re-read what he wrote in this thread.
Good luck.
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Insurance coverage is like any other contract. Your coverage is what you bargained for when you signed the contract; nothing more, nothing less. ClubDirt gave you good advice. Read the contract and then re-read what he wrote in this thread.
One other thing and you should like this because it happened to me. I got creamed by an older gal that ran a red light. My father ran with a pretty elite crowd and got me a top notch lawyer.
All I could get was what her car insurance covered. Thats because the lawyer firm checked ever stone unturned. She was a widow living on a pension. And man I suffered. Took a year out of my life, broke my hip at age 28.
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One other thing and you should like this because it happened to me. I got creamed by an older gal that ran a red light. My father ran with a pretty elite crowd and got me a top notch lawyer.
All I could get was what her car insurance covered. Thats because the lawyer firm checked ever stone unturned. She was a widow living on a pension. And man I suffered. Took a year out of my life, broke my hip at age 28.
If the policy only covers 300k and the plaintiff has injuries and suffering that would constitute a much larger settlement - damn right they are going to sue for more - and you would too.
So your uncle was DUI and sounds like he REALLY MESSED somebody up bad. If your uncle has any tangible assets, he deserves to lose them to the victim that he injured.
I used to drive after drinking for about 20 years. It is amazing to me that I never crashed. I don't do that anymore.
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If the policy only covers 300k and the plaintiff has injuries and suffering that would constitute a much larger settlement - damn right they are going to sue for more - and you would too.
So your uncle was DUI and sounds like he REALLY MESSED somebody up bad. If your uncle has any tangible assets, he deserves to lose them to the victim that he injured.
I used to drive after drinking for about 20 years. It is amazing to me that I never crashed. I don't do that anymore.
here's some free advice for you guys. as 1129ken and others have said, your insurance is simply a contract between you and your insurance company. you agree to pay your premiums and cooperate when you get in an accident (report it, give a statement, etc) and they agree to cover any damage you cause only up to the amount you pay for (they also provide a lawyer for you since they want to pay out as little as they can).
in some states, florida for example, the driver of the vehicle that causes a crash is liable for the damages resulting from the crash but the owner of the vehicle is equally liable (unless the car was stolen or something). so, be careful putting a car in your name if you don't have to. i've seen situations where a husband and wife both use a car and put it in both of their names or parent child. i'd avoid doing that because if you live in one of these states and your wife or kid causes a serious crash and your name is also on the title, you're likely going to be liable too.
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here's some free advice for you guys. as 1129ken and others have said, your insurance is simply a contract between you and your insurance company. you agree to pay your premiums and cooperate when you get in an accident (report it, give a statement, etc) and they agree to cover any damage you cause only up to the amount you pay for (they also provide a lawyer for you since they want to pay out as little as they can).
in some states, florida for example, the driver of the vehicle that causes a crash is liable for the damages resulting from the crash but the owner of the vehicle is equally liable (unless the car was stolen or something). so, be careful putting a car in your name if you don't have to. i've seen situations where a husband and wife both use a car and put it in both of their names or parent child. i'd avoid doing that because if you live in one of these states and your wife or kid causes a serious crash and your name is also on the title, you're likely going to be liable too.
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