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Is $250,000 of liability coverage sufficient for a personal injury claim?

Fort Wayne, IN |

Accident occurred, everyone drove away. Now found out from my insurance that the other party is claiming whiplash / other soft tissue injuries. No injuries claimed at the time. I was at fault / but not cited. How likely is it that I will be sued past my liability limit?

Also, I have few assets saved outside of my 401k.

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Attorney answers 7



You do NOT need an attorney because your insurance company will assign one, if necessary.

You have no worries. Anyone presenting a claim MUST prove your damages. Your insurance company will assign counsel. You have NOTHING to be concerned about.

If this information has been helpful, please indicate by clicking the up icon. 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. Links:



Thank you for the reply. My concern stems from potential pain and suffering / emotional distress claims (I have read on some websites that these can go into the hundreds of thousands). Are those atypical situations?

Charles Joseph Michael Candiano

Charles Joseph Michael Candiano


They are VERY rare and there MUST be significant injury to support the claim. Moreover, unless you are too wealthy to file bankruptcy, nobody would ever seek recovery beyond your policy, regardless of the amount of coverage you may have.


It very well may be. Report this to your insurer asap. Contact a local and qualified personal injury attorney. There may be grounds to hire your own personal counsel; although this is the exception to the general rule.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


You are going to be assigned an attorney by the insurance company. They will handle your case, even though you can hire your own personal attorney at your own expense. Because Fort Wayne has very high quality insurance defense attorneys, you'll probably feel comfortable with the attorney your insurance company hires. Not knowing the injuries, it is difficult to determine the value if the injured person's case. Luckily, you were smart enough to purchase a healthy amount of liability coverage. If you aggressively pressure the insurance company to settle the case within your policy limits, I think you will be fine. Insist they keep you informed of everything.


Given your facts the $250,000 in coverage should be fine.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.




Should be more than sufficient under the basic facts you describe. Unlikely that you would be subject to an excess judgment. Your insurance company will hire counsel on your behalf and they have a duty to protect you within your policy limits coverage. Good luck.



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