I am at fault in accident and my insurance not enough to cover $2100 so the other insurance company wanna sue me if I'll not pay

Asked over 1 year ago - Naples, FL

My insurance limit is $10.000 I hit 3 cars in a park area by mistake ( press on gas instead of breaks ) the 2 cars accepted and sign for compensation $6700 and the 3rd one wanna take $5400 only available $3300 So this company wanna collect from me $2100 OR sue me , they ask to pay by $50 a month however I told them that I have only a part time job unstable income as well but no way my insurance company will show an attorney for the available amount in case of sue me and I will be responsible to show an attorney for $2100 , I have no assets just my small pay checks , I am new in USA ( asylee ) so what will happen to me if they sue me will that efect my credit in the future if yes for how long and will that can subtract any money from my pay checks, will they loss money if sue me

Attorney answers (5)

  1. Mark John Caruso

    Pro

    Contributor Level 12

    13

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    Answered . You need to insist that your insurance company gets a release from the other parties so that you cannot be sued personally for the property damage. Clearly you were under-insured for this accident, but your insurance company needs to do a better job of getting you off the hook.

    The AVVO response or other communication by Caruso Law Offices does not create an attorney-client relationship.
  2. Isabel Cristina De La Riva

    Contributor Level 10

    13

    Lawyers agree

    Answered . Who do you have for your insurance? They should be protecting you from these suits. They can negotiate with the 3 parties and reduce the amounts to fit your limits.

  3. James Lawrence Magazine

    Contributor Level 16

    11

    Lawyers agree

    Answered . Communicate with your insurance company. Ensure they properly represent you.

  4. Michael Shemtoub

    Contributor Level 17

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    Answered . You need to talk to your insurance company about this. They should provide you with more help.
    They can negotiate this for you, If they will not then you will to seek an attorney that handles auto accident.
    Good Luck
    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com
    www. KingofPersonalInjuryLaw.com
    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more
  5. Clifford M. Miller

    Pro

    Contributor Level 18

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    Answered . Your own insurance company will provide an attorney to defend you with your suit.

    If there is a judgment entered against you, and it probably will be, your insurance company will pay up to the remainder of your policy limits which as I understand your question is $3300. The remainder would be enforceable against your personal assets. However, from your question I doubt that you have any personal assets that would be subject to the type of action that would result in their seizure.

    So, if the third victim has a lawyer, that lawyer will go through the same of analysis and probably conclude that it is not worthwhile to sue you.

    I suggest you contact your insurance company and tell the adjuster not to pay the $3300 remaining on the policy unless a release is obtained from the remaining victim. (Although, the adjuster probably already knows that fact).

    If you are contacted by the lawyer for the remaining victim I suggest that you simply tell that lawyer that you have no money and no assets, and if they don't take the amount offered by your insurance company They are not going to get anything else.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more

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