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TXGal1987

Million Dollar Lawsuit for Fender Bender

3 posts in this topic

Several months ago my husband was behind a large pickup truck in our sedan, stopped at a red light. The light turned, and he took his foot off the brake, bumping into the truck. Minor damage to our vehicle, a few scratches on the truck's trailer hitch. The guy got out, yelled at my husband and called the police. The police came but no report was filed and no citation. Both vehicles were driven away from the scene. Our insurance let us know they were paying the guy for "injuries" a few weeks later. Now the guy is suing my husband for between 1 and 10 MILLION DOLLARS!! It seems preposterous that a guy who got out of his truck and then drove it away from the scene was so injured as to warrant the claims he  is making: pain and suffering, surgery, loss of wages past and future, loss of household services (?), mental anguish... the list goes on. We immediately called our (former) insurance company. They have been apparently dealing with this  guy ever since, and were just notified of the personal suit against us. So, at least they are working on it. We sent them the paperwork and they are filing a response for us.

 

I want to know if this guy has a case. His attorneys have requested a jury trial, and our insurance was for 100K, but I don't even think he should get that. We are definitely not worth anything close to a million dollars! I'm worried that if we tell them to settle, my husbands premiums will skyrocket. This all seems very frivolous. Any advice or opinions would be greatly appreciated.

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Let your insurance company handle it.  It will appoint an attorney to defend you and pay any sums for which you are liable, up to your policy limit.  You have no right to decide whether your insurer settles or to goes to trial, except you want to let your insurer know that it has a duty to attempt to resolve your case within policy limits and that failure to do so exposes it to liability in excess of the policy limit.  Otherwise, the decision to settle or not is within the total discretion of the insurer.  Your role is to cooperate with the insurer.  If there is excess exposure, your choice is either to contribute to a settlement above policy limits, or to file bankruptcy.  You need to learn more about the claimed injuries and potential value of the case before considering either of those options.

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On 6/26/2018 at 8:17 AM, TXGal1987 said:

I want to know if this guy has a case.

 

Well...based on what you wrote, your husband was unquestionably at fault for the accident, so yes.  Is hat case worth between one and ten million dollars?  Based on what you wrote.  No.

 

 

On 6/26/2018 at 8:17 AM, TXGal1987 said:

I'm worried that if we tell them to settle, my husbands premiums will skyrocket.

 

The decision to settle or not settle is made by the insurer alone.  The insurer may or may not seek your husband's input, but it is not required to do so.  Under the circumstances described, no sane insurer would not seek to settle the lawsuit.  Will your premiums go up?  Probably, but there's nothing you can do about that now.  A premium increase became inevitable the moment your husband caused an accident.

 

This is why you have insurance.

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