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Can I be sued for remaining balance of my 20 year old son accident in Georgia after insurance pay their portion?

Joliet, IL |

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?

Attorney Answers 5

Posted

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.

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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3 lawyers agree

Posted

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.

The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.

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5 lawyers agree

Posted

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.

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Posted

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.

If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.

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Posted

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.

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