Sarasota, FL asked in Car Accidents and Personal Injury for Florida

Q: HEEEEELP!!! I am an anxious wreck. Being sued for a minor car accident driver claims bodily injury

I am an anxious wreck. I got into a minor accident. Police report stated that it was less than $5000 and that there were no injuries. Now the other driver is suing me for $80,000 my coverage is $100,000. I am so scared that this will ruin my life. My insurance company All state is paying for legal. This person has 7 other personal injury cases in the civil court system in fl. I have almost no assets. My income is only around $36,000. I have a condo that has a mortgage and two cars over 10 years old.

5 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Personal Injury Lawyer
  • Frisco, TX

A: This is exactly why it is important to have insurance. Let Allstate, and the attorneys it has hired and is paying, defend you. As long as you cooperate with your attorney's reasonable requests for information and cooperation, you should be in good hands.

Motor vehicle accident cases, particularly minor ones with small bodily injury claims (and $80,000 is a small BI claim) are rarely complicated and do not require expensive, experienced attorneys. Even relatively young and relatively inexperienced attorneys are perfectly capable of handling such a case effectively. There is no reason for you to be anxious.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Why are you so anxious? Your insurance company is defending the lawsuit, and your insurance policy will cover all of the claimed damages, if awarded.

Charles M. Baron agrees with this answer

Charles M.  Baron
Charles M. Baron
Answered
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: It is unclear why you are so worried when, according to you, you have a litigation lawyer at no cost to you and the plaintiff is suing you for an amount that your insurance would cover 100%. If that's really the case, your assets and income shouldn't be at risk - but you must consult your lawyer (the one the insurance co. hired for you) to get reliable advice. If it happens to be the case that your income and assets are not at risk, most likely the only problem created by your situation (aside from some inconvenient time-spending in the litigation) is a possible increase in your insurance premium, and you can shop around for the best rate.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Personal Injury Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Relax. Most claims are just settled for policy limits because attorneys don’t like chasing debtors assets. If the case does settle for policy limits, the plaintiffs counsel will request that you execute a net worth affidavit which you can choose whether to sign or not.

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: As my colleagues correctly point out, your insurance company should be arranging for your defense. Good luck

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