My Son Was In A Accident In Georgia In November 2013 And I Received Notification That My Insurance My Not Cover Injuries Of Plaintiff. My Policy Covers $25000/$50000 And Medical Bill Are In Excess Of $49800.00. The Plaintiff Demand $25k Now And Need An Agreement By July 7, 2014 For Exchange Of Limited Liability Release. Will I Be Held Responsible For The Balance By Plaintiff Or His Insurance Company?
Car / Auto Accident Lawyer
Yes, absolutely, at least assuming the laws of Georgia apply and are similar to those in Illinois.
The liability coverage is paid out to compensate for pain & suffering, lost wages, loss of a normal life, and for medical bills past and future. It is up to the plaintiff/claimant to negotiate liens, medical bills, and pay back any subrogation.
I suggest very strongly your son obtain an attorney, so that he doesn't wind up in a bind with medical bills unpaid and liens unresolved.
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Medical Malpractice Attorney
I agree with Attorney Hoffman. You will be on the hook for the balance. It may be time for you to retain an attorney for your son to mitigate further exposure.
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Personal Injury Lawyer
It is very likely, yes. The first thing you should do is to retain an attorney to help you with this. Cases like these can be difficult to navigate on your own and you need to act fast because of how little time you have. You can find many licensed attorneys in your jurisdiction right here on Avvo.
I wish you the best of luck!
Any answer given here is NOT legal advice and does not create an attorney-client relationship in Ohio, Kentucky, or any other jurisdiction. Answers provided are for general information only and should not be considered legal advice for any purpose. For legal advice, you should contact an attorney within the jurisdiction relevant to your issue.
2 lawyers agree
Workers' Compensation Lawyer
1.) On your facts, the Plaintiff is willing to accept your policy limits. Plaintiff CANNOT sue you once they sign a release.
2.) If for some goofy reason, you were sued, your insurance is obligated to hire an attorney to defend you at no cost.
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Personal Injury Lawyer
You should find out if the release being considered has terms that will have the effect of releasing you, too. Typically, it will release you, as an insured under the policy. Moreover, it is unlikely that you have any potential liability. You are not liable for the torts (negligence) of your son, unless he was acting as your agent at the time of the collision. In summary you are not likely to be responsible, but call a PI lawyer in Georgia and ask. Have a copy of the proposed release when you call her/him.
1 lawyer agrees