Los Angeles, CA asked in Car Accidents and Personal Injury for California

Q: What to do when the other driver wants to sue after an accident?

Hi, my boyfriend got into an accident while driving my car. He also has his own insurance. My boyfriend was determined at-fault and the other driver wants to file a lawsuit against both me and my boyfriend. Both my boyfriend and I have insurance of our own and we both pay premium. On top of asking for money toward property damage, the other driver also ask for money toward bodily injury. I contacted my insurance company and my boyfriend’s insurance company. My insurance company will make a settlement for the amount of policy limit but that won’t covers what the other driver is asking for. My boyfriend insurance on the other end hasn’t decided if they accept the claim. Worst case if the other driver denied the settlement from both mine and my boyfriend’s insurance company, what should I do? Should I hire an attorney and will any attorney take my case? Both my boyfriend and I don’t have any valuable assets

3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info would be helpful.

insurance follows the car so you cars insurance would be primary and if the other side has more ins than you they would make an underinsured motorist claim against their own insurance.

i don't think you have any exposure personally over $15,000.

however you boyfriend will if it is big injuries...but will his insurance kick-in voluntarily? probably not

1 user found this answer helpful

Tyler Young
Tyler Young
PREMIUM
Answered
  • Personal Injury Lawyer
  • Provo, UT

A: You and your boyfriend have a contractual obligation with your auto insurance companies to notify them about the wreck. So you should report the claim. They should handle it from there.

If the other driver refuses the policy limits of insurance in a settlement, the insurance companies still have to pay for your (you and your boyfriend) legal defense. You likely won't have "fault" unless there are independent allegations against you like you didn't maintain the brakes or tires on your car. But your boyfriend may have exposure beyond his policy limit. That said, not too many attorneys want to try to collect from people who appear to be "judgment proof" like your boyfriend. So it's unlikely the attorney for the injured person will try to get a judgment for something more than the policy limit(s) unless the other attorney thinks he can collect more from your boyfriend's insurer.

1 user found this answer helpful

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: Your insurance and his most likely should provide you an attorney if it can't be settled with the policy limits. You might consult with an attorney just to make you feel better. They could explain all possible scenarios and hopefully put you at ease. Good luck to you.

1 user found this answer helpful

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