Q: What to do if I get sued after an at-fault car accident?

A: Demand that your insurance company settle within policy limits. If they do not immediately do so, hire your own attorney to deal with the insurance company.

A: Most cases do not get to trial, but occasionally one does go to trial where the parties are unable to reach a settlement. Your insurance should still defend you in the case and can only offer a settlement up to the policy limit. If plaintiff does not agree to take the policy limits (assuming the entire limit is offered by insurance), they can continue to trial to seek the excess damages for which you would be personally liable if they win a judgment over the policy limit. If they get a judgment, they can seek to enforce it by either placing a lien on your home or other asset, garnishing your wages or seeking a bank account attachment order where they can take money directly from one of your bank accounts (up to a certain limit).

If plaintiff's claims are well supported by medical evidence, appears to in fact be worth more than your policy limit and the insurance company does not offer the full policy limit, you may have a claim against your insurance for bad faith denial of a claim, so it would behoove you to put pressure on the insurance company (if plaintiff's claims are valid) to step up to offer the limit. If plaintiff's claims are not supported by medical evidence, then the insurance defense attorney will likely fight plaintiff's claim and gather evidence indicating the claim is being exaggerated. Usually in such cases, mediation is an effective way to reach settlement.

A: In California, if your insurance company has refused to settle and the case is proceeding to trial, it's possible for the insurance company to still settle before the trial date. However, this depends on various factors, including the strength of the evidence and the negotiations between the parties.

If the plaintiff wins and the awarded amount exceeds your insurance coverage limits, they can potentially seek the excess amount from you personally. This could involve garnishing wages, seizing assets, or other legal methods to recover the owed amount. It's important to discuss with your insurance company and possibly seek legal advice to understand your specific situation and options.

A: Even if the case is set for trial, there is still a chance that the insurance company will settle before the trial date. This is often because the insurance company does not want to risk losing the case at trial and having to pay the plaintiff a large sum of money.

If the plaintiff wins the case and the claim amount is higher than your insurance limits, you may be personally liable for the remainder of the amount.

A: It's difficult for any attorney to predict whether a case will go to trial. It depends on the extent of disability, extent of injury, and the manner in which the medical records support those elements. Plaintiff can generally pursue recovery beyond limits, as my colleagues have outlined. It could be helpful to seek consult with an attorney to look over the file in more detail than is possible here - the injuries, the medical records, the policy limits, your assets, etc. Good luck