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Started by terryshelly , Mar 20 2014 02:14 PM
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5 replies to this topic
Posted 20 March 2014 - 02:14 PM
My daughter was recently in a one car auto accident where the driver feel asleep at the wheel and did not survive. My daughter fortunately only suffered bumps and bruises. Two others were severely injured and have extensive medical bills. There was one other passenger who also only suffered bumps and bruises. They were in my car I had given the driver permission to drive my car. My insurance has paid the two boys with http://thepersonalinjurydirectory.com/blog/category/braininjuryattorneys/ the extensive medical bills two hundred thousand dollars. They also received one hundred thousand dollars from the drivers insurance. These two have recently gotten an attorney and we have received a letter of excessive exposure from our insurance. My question is can we be sued for their pain and suffering, or the rest of their medical expenses? And what exactly does the letter of excessive exposure mean? Should we seek and attorney?
Posted 21 March 2014 - 07:28 AM
Is the limit of the coverage for medical expenses $200k? I'll presume so.
I'd like to think you'd google the topic of car accident insurance settlements beforehand, but ... your insurer should have insisted on the "boys" (or their parents, if adults) signing a general release of all claims against you, its client, before coughing up dough to them. In fact maybe the insurer did so, and it may have, but the additional fact that the insurer sent you an "excessive exposure" letter but (evidently) hasn't explained what it did and why seems odd. (It's clear you haven't even bothered to call and ask them, since you don't mention calling to ask and them refusing to explain.)
As for the theory on why you'd be pursued, I'd posit that your kid is a minor and that the boys weren't belted in and someone hopes to point out that the driver of the car shouldn't have moved an unch unless the boys had their seatbelts secured.
"My question is can we be sued for their pain and suffering, or the rest of their medical expenses?"
Anyone can be sued for anything.
"And what exactly does the letter of excessive exposure mean?"
If the limits of your policy have been paid out and someone's still coming after you, the insurer is obligated to send you a letter saying that there's a possibility you're exposed financially. (Again, it seems you have not contacted your insurer about this letter, and that doesn't make a lot of sense.)
"Should we seek and attorney?"
I'd at least consult one on the topic of the insurance company's handling of the claims, if the insurer isn't talking.
I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.
Posted 21 March 2014 - 02:47 PM
What is a full release and how could that help us?
Well...a "release" is a document whereby one person releases some sort of claim, typically in exchange for consideration -- e.g., money. To elaborate, one of the duties a liability insurer owes its insured is the duty to settle claims within policy limits, if possible. It's awfully hard to imagine an auto liability insurer paying $200k without getting a full release, unless the insurer believed it would not be possible to do so and had previously notified the insured. So...it might be useful for you to tell us what the letter you received from your insurer says (quote, if possible, but no real names). It also might be useful to provide some facts about the ages of the persons involved and the specifics of the accident so that we don't have to invent facts that may or may not be true.
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