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Car accident - no obvious damage to other car /driver but now got demand to pay 10,000 + Personal injury claim

Tampa, FL |

Had insurance cover to pay up to 10,000 but now other driver is asking for 100,000. I am student, no job, no money...,what do I do. My co is making offer to other side for 10000 but if they don't take it what do I need to do next.

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Attorney answers 6


If you are sued, immediately get an insurance defense attorney to represent you.

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.


They can demand anything they want, but it does not mean they will get it. Most insurance companies equate minimal property damage = no injury. They have many defenses they can use in settlement or trial if necessary.
Your insurance company will represent you if they end up suing you. If there is a verdict in excess of your insurance limits then you possible have a bad faith claim against your own insurance company.

Good luck.

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.


If you have up to $100K in BI limits, your carrier will handle this for you. If they can't settle it and suit is filed, the carrier will employ defense to defend the file for you. Just be sure to cooperate with them. They can deny a policy based on non-compliance, so don't give them a reason.


Let your insurance company resolve it.


If a car accident results in a injury or property claim in excess of your insurance policy, hiring a personal attorney to represent your interest in necessary. A local attorney practicing law in this area should be able to help.

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If you have only $10,000 in coverage and they are asking for $100,000, your insurance company is very unlikely to pay that, especially if there is minimal Property Damage. It is very likely that the other attorney will request a financial and insurance affidavit(s). If you have no assets or additional insurance, it is likely that the attorney will accept your policy limits. Your insurer should provide an attorney to counsel you on the issues and you always have the right to consult with another attorney of your own choosing.

This question and response does not establish any attorney/client relationship.

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