My insurance co settled on a claim against me. Now the party is filing a personal suit against me do they have a basis?

Attorney answers (4)

1. Licensed in TX

   

   Teri A. Walter

   Houston Litigation Lawyer

   Contributor Level 19

   Answered July 30, 2010 05:40. It also depends on the terms of the settlement - if the settlement was within policy limits, the Plaintiff probably signed a release already.

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2. 

   Nima Taradji

   Chicago Car / Auto Accident Lawyer

   Contributor Level 16

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   Answered July 30, 2010 05:19. That should not happen. Unless your insurance company settled the case for the property damage and was not able to settle the bodily injury and now you are being sued for personal injury part of the claim.
   
   Your insurance company has a duty to defend you. So you will need to make sure your insurance knows about the lawsuit and if they have settled the entire case previously, then they will get you an attorney who will try to get the case dismissed. If not, the attorney will provide you with a defense.
   
   If, at the off chance, your insurance has settled the case but has failed to get the proper total release, you may have a case for bad faith against your own insurance--You will need to speak with an attorney at once and make sure that is not the case.
   
   I hope this helps-
   
   Nima Taradji
   http://personalinjuryattorneyz.com
   
   Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only.

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3. 

   Andrew Myers

   North Andover Personal Injury Lawyer

   Contributor Level 20

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   Answered July 30, 2010 02:48. The answer to your question depends on the extent of their claim. If your policy limits were paid out by the insurance company, but the damages exceed that amount, then the injured party/parties can bring an action for the amount claimed over what the policy paid. You will be wise to hire an attorney ASAP to help with this.
   
   This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

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4. 

   Evan Ostfeld

   Pompano Beach Workers' Compensation Lawyer

   Contributor Level 11

   Answered July 31, 2010 23:36. 1st, ask your insurance company for a copy of the liability release. Many times once a case has been settled they cannot sue you further. Other times however they can.
   
   Good Luck!
   
   Evan in FL (866) I Sue You (478-3968), attorneys4life.com

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