My wife was in a small accident approx 3 years ago. She was driving down a broad single lane road following eastbound traffic. A car was stopped with it's left turn signal on to turn into McDonald's. All traffic proceeded around this car to the right as did my wife.
A second car was exiting McDonald's and wanted to cross westbound traffic into the eastbound lane. The car waiting to turn left waved the exiting car into the eastbound lane directly in front of my wife. Breaks were applied however contact was made and there was some minor damage.
There were 3 passengers in the other car. The driver and two individuals the driver was providing a ride for. I believe they were unrelated and the driver was some kind of medical aid.
The police were called and the driver of the other car was sited for some traffic violation. My wife was not found to be at fault and was allowed to leave.
Two years later we are served with papers notifying us that we are being sued by the passengers in this accident. The case is being litigated by the attorney's representing our insurance company and they have appeared to be representing us in good faith.
A trial date is set for 3/08 and my wife had to give a deposition a few months ago. The opposing attorney's are going on the fact that it was a one lane road and my wife was at fault for going around the car turning left. The police however didn't see it that way.
Neither of these passengers were injured at the scene and there were no medical personnel called. They both have claims in excess of $6,000 in medical bills and they are both suing us for $35,000 and $45,000 in damages individually. The insurance company made an offer to pay most of their medical bills and they have refused to accept it.
The reason I am writing is because we received a letter from the attorney yesterday stating that we are covered for $100k each person $300k each accident and that should we loose the case in court the damages could exceed our coverage leading to them going after our personal assets. They recommended we seek other legal advice...
My question is how can $35k and $45k grow to exceed our coverage? Would a court award a larger amount than asked for in a case like this? Why wouldn't our insurance company just pay them instead of risking a larger settlement?
Sorry for the long note but the answer lies in the detail...
Thanks for any help/advice you can provide...
A second car was exiting McDonald's and wanted to cross westbound traffic into the eastbound lane. The car waiting to turn left waved the exiting car into the eastbound lane directly in front of my wife. Breaks were applied however contact was made and there was some minor damage.
There were 3 passengers in the other car. The driver and two individuals the driver was providing a ride for. I believe they were unrelated and the driver was some kind of medical aid.
The police were called and the driver of the other car was sited for some traffic violation. My wife was not found to be at fault and was allowed to leave.
Two years later we are served with papers notifying us that we are being sued by the passengers in this accident. The case is being litigated by the attorney's representing our insurance company and they have appeared to be representing us in good faith.
A trial date is set for 3/08 and my wife had to give a deposition a few months ago. The opposing attorney's are going on the fact that it was a one lane road and my wife was at fault for going around the car turning left. The police however didn't see it that way.
Neither of these passengers were injured at the scene and there were no medical personnel called. They both have claims in excess of $6,000 in medical bills and they are both suing us for $35,000 and $45,000 in damages individually. The insurance company made an offer to pay most of their medical bills and they have refused to accept it.
The reason I am writing is because we received a letter from the attorney yesterday stating that we are covered for $100k each person $300k each accident and that should we loose the case in court the damages could exceed our coverage leading to them going after our personal assets. They recommended we seek other legal advice...
My question is how can $35k and $45k grow to exceed our coverage? Would a court award a larger amount than asked for in a case like this? Why wouldn't our insurance company just pay them instead of risking a larger settlement?
Sorry for the long note but the answer lies in the detail...
Thanks for any help/advice you can provide...
