Q: Auto ins co says accident claim may exceed our limit.We rent- have auto loans - no assets. Other party likely to sue us?

A: There are several considerations for the attorneys who represent the injured person(s). Among those considerations, they will determine if the person who was driving the car also owned the car; or, did another person or entity own the car. If the at-fault driver is also the owner, only that person can be held liable and sued. If the car was owned by another person or entity, then that other person or entity can also be held liable and sued. If the injuries and damages are serious enough, comprehensive investigative reports will be obtained for all potentially liable persons and entities. The attorneys who represent the injured person(s) may also request all potentially liable persons and entities complete financial affidavits. Unless the attorneys can establish it is worth pursuing the potentially liable persons and/or entities, they most likely will not sue you.

A: It's hard to say without more information. Did your insurance company offer policy limits or make a counteroffer below policy limits? Assuming that your insurance company offered policy limits, the question would become whether the injured parties believe that there are assets reachable by judgment. On the other hand, if your insurance company made a counteroffer to a "demand" letter below policy limits, then you would assign your right to sue your insurance company for bad faith in the event that you receive a judgment that is greater than your policy limits.