bodily injury claims exceed policy limits?

Posted by 70sfamily | 9:57:00 PM


I was involved in a rear end situation where I rear ended a motocyclist who ended up running into another car.

The motocyclist suffered bodily injuries and those may exceed my insurance limits

1. I just got a letter from the insurance company stating the same and asking for permission from me to release my policy limits to the other motocyclist. Do I allow them to share the limits ?

2. Do I talk to a lawyer myself or just work with the insurance lawyer ? It so happens that both of our insurance company is the same. Seems like if I use the insurance company lawyer, it would be a conflict of interest. At the same time I do not want to pay any lawyer fees

3. Lastly - how much can they sue me for - if they brought a lawsuit against me ? What is my exposure ?

4. Any other advice ?

5. IS my insurance company my friend - even if the claims are going to exceed my limits ?

Answer by Woooohoooo
With anything of this magnitude, you absolutely need a lawyer. Do NOT talk to the other lawyer. They will twist and spin anything you say to their advantage, even if it's distorted and untrue. Your exposure is essentially unlimited, depending on the final damages and the award. Assume everybody but your lawyer is your enemy. Speak only to your lawyer until they advise differently. Otherwise, let them communicate to the others.

Answer by Mushu
If the other party is being represented by an attorney, rest assured that the attorney is independent, working for the other party, and NOT hired by your insurance company. Insurance companies only provide attorneys for their insureds to defend them, not to file suit against someone. IF there is an attorney involved, your insurance company will provide legal defense for you, for free. Regardless if you are both insured by the same company. It is not a conflict if you both have a separate lawyer.

Answer by terrellfastball
Insurance company lawyers are paid by the insurance company and may not have your best interests at heart. The represent the company.

Get a lawyer. Answer no questions, do nothing else, until the lawyer has advised you what to do and say.

Answer by UCANTCME
In short you will need the advise of a lawyer ASAP, the other party can "if proved" sue you for just about everything plus you will be responsible for this until it has been satisfied..



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