Q: I was in a minor accident and I’m being sued for more than 250,000 my policy limit is $100,000 will they win?

A: Whether a party will be successful in a lawsuit depends on the strength of the evidence ultimately admitted at trial.

Most of the time, the parties settle after exchanging information in discovery. That allows the parties and their attorneys to more accurately evaluate what evidence is likely to be admitted at trial and compare such evidence to the outcome of past cases.

A: Hi, well no one can tell you whether they will win or lose. Every case is different and it depends upon the facts. The fact that someone does not appear injured at the scene of the accident is not the deciding factor. Many times people don't feel injuries until days later and sometime surgery is required (mostly shoulders and knees) down the road after the accident.

Most cases are settled for less than or equal to the insurance policy limit and unless there is a devastating injury, most claimants and their attorney do not seek to pursue the personal assets of the person and usually only pursue the available insurance policy monetary limit. However, this is not guaranteed. Your insurance company will assign an attorney to represent you in a lawsuit and their obligation is to protect you. However, if you have fear that the case will go all the way to a verdict at trial and that the verdict may be higher than your insurance policy limit, then you may want to consult with and possible hire an additional attorney to communicate and oversee the attorney assigned by the insurance company. This would be at your own expense of course. Most times this is not needed but it may help you get peace of mind,

Best wishes

A: The outcome of a case is never certain as it depends on the specific details. Also, injuries aren’t always obvious right away since symptoms can take days to appear due to surging adrenaline. Your auto insurance will provide you with defense counsel as long as you request one under a valid auto policy.

A: It's difficult to comment on the strengths of the case without seeing the medical documents. Stay in touch with your insurance carrier attorney and see what they recommend as things progress. They will probably advise you to consult with your own attorney independently at some point. I hope they reach settlement long before things get there. Good luck

A: Addendum - No one wants to say it's nothing to worry about, and then be second-guessed wrong in underestimating the magnitude of a case. But in my experience, cases that near the $100,000 mark usually involve some sort of meaningful evidence of injury at the scene, if not an ambulance response. See what your attorneys tell you as things progress. Good luck