If you do not have enough insurance then your friend will probably make claim against her own UIM insurance, who will then look to you for repayment. However, if there is still not enough insurance then you may be on the hook for the remaining damages. Since you don't know how this is going to play out you may want to talk with a bankruptcy attorney about your legal options.
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.
There are too many facts here we do not know, and too much information needed to give any sort of advice. And, as this is a general question and answer area, I would not suggest posting anything else here - especially anything that could be considered an admission that you did anything wrong, becasue if this goes to court, this could be discovered or learned by the attorney suing you.
You will want to talk to a local attorney about your specific facts and about what action to take to protect yourself. I suggest you do that immediately.
best of luck to you.
The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.
It appears that you rammed a car stopped at a stop sign, quite possibly while speeding and on an unregistered bike. That you were negligent and, therefore, responsible to your severely injured passenger and the owner of the vehicle you hit seems a near-certain determination.
As you have severely insufficient insurance, those injured will have to look to their own insurance for compensation. However, those companies will then seek recovery of their loss from you. To the extent their insurance does not cover their losses, those injured may bring actions against you directly.
You may need counsel; either for defense from the lawsuits arising from the accident or, as suggested, a bankruptcy action. The CA and your county bar association can provide referrals.
The foregoing is for general information purposes and does not establish an attorney-client relationship.
The founders of our nation initiated the first insurance pools in the USA in order to allocate risk and to assure that those who sustain losses are taken care of by all responsible folks who pay into the insurance pool.
Where you elected to drive with minimum coverage and without registration, I highly suggest that you take all of the money that you saved and consult with an attorney to review the actual fact and to determine the best course for yourself and your passenger.
There are too many assumptions for anyone to provide reasonable analysis. See the Blue Link Below:
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
It sounds like you may be found primarily at fault for the accident. You should report the claim to your insurance company immediately if you haven't done so already. Your passenger will likely choose to exhaust your minimal ($15,000) coverage but, isn't obligated to settle for that amount and may sue you for above this amount. Her insurance may cover the medical bills but, this wouldn't absolve you from a claim for damages. Your passenger should open claims with your carrier, and the other driver's carrier.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
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