Q: My car was hit driver side. No witnesses. My word vs theirs. Ins said 50/50 fault. I got settlement, they did not yet.
My ins said other party will serve me soon to extend the case past the 2 yrs statute of limitations before 1st wk of April 18'. I was told the other party and lawyer not agreeing with settlmnt so far from ins co. My ins said they will provide a defense lawyer if we go to court. My ins covers up to $100k for the other involved. Above that, will be on me to cover. If the other party sues for damages for $150k, I need to find $50K. Don't have that.
Questions-Should I also sue/serve them to keep my side of case open past the 2yr statue of limitations to cover anything above the $100K my insurance doesn't cover to counter sue?Or since they are extending "our" accident case, can I counter sue on their extension of "our" case?
I think if I don't extend the case, I am gambling on the settlement being under $100K and I owe nothing, ins will payout. This accident is a he said she said. I had the right of way but they are also saying the same thing. Thank you for your time.
A:
You settled so you want to discuss those questions with the attorney who represented you.
If you get sued discuss them with the attorney who the insurance gets for you.
Generally, you can't sue as the settlement document said you release the other side, their insurance, from any and all claims and if you do sue them there may be a clause that says you have to pay them for the attorney time responding to that case!
But talk to your lawyer.
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