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In FL - can I be sued personally for injuries in a car accident from 18 months ago after they are done suing my insurance?

Palm Coast, FL |

I got a ticket from this accident for violating their right of way but I have maintained in all of my statements that they hit me (they really did). They did not get a ticket even though they were far exceeding the speed limit landing them in a ditch which caused their injuries. I'm worried if my $50k of insurance isn't enough will they come after me and take my home, my social security and what little cash I have? Will the insurance company settlement prevent them from coming after me personally?

Attorney Answers 6

Posted

If your insurance company settles any claim from the accident within the limits of your insurance policy, they typically will pay the settlement monies in return for a document called a "Release" - which is given by the claimant and states that in return for the payment received that any and all claims against you are waived - that you are released thereafter from any liability claim. Thus, they can not come after you for additional monies.

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Posted

Talk to your insurance adjuster and see what the injuries are and if they are demanding the entire policy. Depending on the circumstances, the other person may attempt to sue you personally above and beyond the insurance. If that happens, hiring an experienced defense attorney is a worthwhile investment. Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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If your coverage is not adequate, the plaintiff can try to collect a judgment from your personal assets. But, in Florida, your homestead is exempt, as are your social security benefits.

Do talk to the adjustor and perhaps hire a lawyer to attempt to get the adjustor to settle within your limits.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us

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Check and see if your insurance company secured a Release for you in exchange for settlement.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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Posted

Do not confuse "who hit who" with who is liable. In terms of your insurance, typically insurance companies tender the policy limits subject to a release of all claims. Contact your insurance company handling the car accident claim and see if a settlement was reached and a release was signed. If not and you are worried about an excess judgment, you will want to find a local bad faith insurance attorney to protect your interests and advise you on this car accident case.

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If your insurance company thinks that the coverage is not adequate, it is always a good idea to retain independent counsel.

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