You should have turned this over to your insurance. They have an obligation to negotiate on your behalf, and defend any actions against you. Often times they will obtain a release for any money they pay out. If you have a judgment against you or if you have signed a settlement agreement requiring you to pay money out of pocket, you will either have to pay, or consider filing bankruptcy. It will be heavily fact dependent -- meaning it will depend on the underlying facts, and your financial situation. Best of luck.
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Your insurance company should be handling this matter. Contact your adjuster and find out what the state of the settlement is. If for any reason you do have liability outside your coverage, you should consider retaining an attorney; you may be able to bring a claim against your insurance company and if not, an attorney could negotiate on your behalf and defend you if the 3rd car case goes into suit. Feel free to contact me at my office for a more detailed consultation.
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Turn this over to your insurance company
Contact me for further detailed questions and answers. 215-561-0877 DISCLAIMER: Matthew Solomon is licensed to practice law in both the State of Pennsylvania and the State of New Jersey.This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. This answer does not constitute the establishment of an attorney-client relationship.
You need to have a serious discussion with your insurance company adjuster about this claim. Have you been sent a reservation of rights letter? They must keep you up to date on what's happening. But this could be a situation where you didn't have enough insurance. Remember that the insurance company must deal with you with good faith.
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Your insurance company has a duty to you to try to resolve cases within your policy limits if that is possible. They should be handling this for you, rather than you negotiating it yourself. If you do not have enough coverage, you might find that you need to retain an attorney to handle it for you, to make sure the proper documents are signed to release you from further liability.
I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce J. Sweinberg, Esquire 215-752-3732 www.jjsassoc.net Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
You should consult with a PA attorney as to whether an insurance company has a duty to try to protect its insured from "excess exposure" under PA law if all claims can be settled within your policy limit. Since your insurer has already paid two cars for their property damage it was presumably aware of the damage to the third car. Therefore it seems that the insurance company should have attempted to resolve all of the claims for property damage for your policy limit instead of resolving two claims and leaving you holding the bag for the third one. You should consult with a PA attorney as to what your rights are in regard to the insurance company's settlement of these claims.
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