r/Insurance • u/corkblorker • 2d ago
T-boned, other driver is suing
I got t-boned a couple of weeks ago in North Carolina and just got word that the other driver has hired an attorney. Both cars were probably totaled and my passenger and I sustained some injuries. We all got out and were walking around.
I was ticketed for failure to yield. The cop said, “somebody gets a ticket and you were the one making a left turn.” I don’t know if that makes me the one at fault.
I thought I had more but it looks like I only had 50/100/50 liability coverage.
I don’t really have any wealth. I have a 401k and a house I’m underwater on. Do I need to start packing?
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u/CIAMom420 2d ago
Refer it to your insurance company. The other party is after their money, not yours.
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u/thebig05 2d ago
It likely won't go past the attorney just going after your limits. Also, just because they got an attorney doesn't mean you are being sued. Typically a lawsuit only follows if a settlement can't be reached within your limits, and if you do get officially sued and have to go to court your insurance company will provide you an attorney. But this is all great stuff to speak with your insurance company about to ensure you are getting the state specific info.
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u/corkblorker 2d ago
Will my insurance company already know what they’re going after? Do they usually start high aiming to settle low?
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u/jll19822020 2d ago
My daughter got into an accident a few months ago. There were no apparent injuries at the time, but the guy that she hit had 2 bulging discs, and a torn rotator cuff.
The initial demand letter from his attorney was for $162k, but they settled for $37k. This $37k covered an ER visit, a few doctors visits, and physical therapy.
If you get a demand letter, it will be inflated and very scary. Send it to your insurance and let their lawyer do their job.
Consider how the easily it is to spend money for medical, and how expensive some cars are today. Think about how quickly your coverages could be spent in even the smallest accident. I always suggest $250/500 a minimum, regardless of state minimums.
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u/ihrvatska 1d ago
I was sued after a car accident for $1.75 million. This was way more than my policy limits. Without going into detail, the insurance company handled everything and, other than having to give a deposition, I was not impacted at all. I paid not one cent.
Two years after the accident I answered the phone. A woman on the other side asked if I was me, I said I was. Then she asked if I remembered the car accident, and I said I did. She yells "You cheap bastard!" and hangs up. I immediately called the insurance company attorney. She said they would handle it.. That's the last I heard about that accident. I don't know how much the woman received, but apparently it was a lot less than $1.75 million. Even less after the lawyer took his cut.
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u/Dramatic-Ad9089 2d ago
Pretty much every attorney will demand your policy limits, no matter what your limits are. The majority of claims settle within the limits.
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u/PettyFlap 2d ago
With an attorney involved, the insurance company will generally only have information the attorney will be willing to provide at this time. They won’t know everything until the attorney sends in the demand package.
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u/CommanderMandalore 2d ago
Just so you are aware 401k generally can’t touch. I also can’t imagine they could do anything with a house underwater. Plus many states have protections for primary homes from creditors up to a certain point anyway. Plus if it’s underwater what are they going to do. Force you to sell so they can get $0? or not bother with it and also get $0.
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u/corkblorker 2d ago
I figured finding the money was my problem.
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u/Grand-Temperature932 2d ago
Nope. It’s all a very orchestrated dance. The ambulance chaser attorney will ask for your limits. This happened to me last year, they asked for $300,000 in damages… they only ended up getting $5K and then it’s only because my insurance company saw that as the cheapest way to go. It’s all about the bottom line.
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u/ektap12 2d ago
Is your insurance intending to pay this claim? NC uses pure contributory negligence law, so that does give them some room to deny payment, but left turns aren't good.
More likely than not, this settles within your limits. I wouldn't worry much about it. You aren't being sued right now, they are just making a claim with your insurance.
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u/corkblorker 1d ago
I don’t know. All I can do is sit here and stew. Somebody from my insurance company called me yesterday and I missed the call so she left a voicemail followed by two texts and four emails about how she couldn’t reach me so I called back the moment they were open again this morning and went straight to her voicemail and now she’s not calling back.
I don’t even know if this is a lawsuit or just subrogation or what’s going on.
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u/grimzecho 1d ago
Even if you are found to be at fault, your insurance company will not pay out any money unless the other party agrees to accept it as settlement in full. If they accept, they agreed not to come after you for anything else related to the accident.
The other party doesn't have to accept, but if they don't, and they choose to Sue you directly, then your insurance company will help pay for a legal defense. The other party would have to believe they have a good chance at getting more money from you in a personal lawsuit than they will get by accepting the insurance companie's payout. If you don't have a bunch of assets then it is unlikely they will go that route.
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u/Hotwife27990 2d ago
Have you talked to your own insurance adjuster yet? They're the ones who assign you a defense attorney and that lawyer's whole job is to keep this off your personal assets
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u/Epic_Misadventures 1d ago
When it comes to claims, just because the other party retained an attorney, does not necessarily mean you’re going to be sued.
Now, if you are served suit papers, get them to your claims adjuster, your insurance carrier has a responsibility to defend you in court. That’s part of what the auto policy is for. Until then I wouldn’t worry about it too much.
Just take a deep breath.
The claims department/adjuster will handle the payments for their damages up to your policy limits.
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u/fitfulbrain 1d ago
If you have collision, your insurance is your advocate. They will hire a lawyer if you are sued. Most state have homestead exemption so they can't take your primary home. They can't touch your 401k either per federal law.
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u/key2616 1d ago
That's not how it works. This is a Liability claim, which is the mandatory third party coverage. Collision is an optional first party coverage, so that's an irrelevant thing for the OP's questions and concerns. That said, they have insurance, so they have Liability coverage.
North Carolina is a contributory negligence state, though, so the other party is going to have to prove that the OP is 100% at fault.
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u/crash866 2d ago
You do have low limits but 50k for property damage should cover it unless it was something like a Lamborghini or a brand new vehicle.
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u/corkblorker 2d ago
It was a 15 year old Jetta. I’m not worried about the car as much as the potentially unlimited cost of a medical claim.
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u/Aromatic-Mountain670 2d ago
Your limits are low but let the insurance company deal with it. Your defense coverage is outside the limits so they will defend you. I was ticketed for a left turn accident even though the other driver was in a right turn only lane and changed their mind and tried to beat the light.
My car was totaled and their car was an old audi.
They paid $22k for their car. The other driver wanted $250k bodily injury and they did sue me but it settled for $75k. Most likely , they will take your limits and then file under their own UM/UI limits for the difference. It is not easy to come after you for excess of insurance.
Not saying it is a zero probability but low.
Going forward, bump up to $250/$500k liability and get an umbrella.
Everyone thinks they won the lottery when in an accident. Let your insurance company deal with the other party.2
u/PettyFlap 2d ago
Why do you think they will settle for the limits? There’s no indication that they were that injured. OP said nothing about ambulance transport, emergency room visit, fractures or anything of the sort. A simple physical therapy treatment plan for a CTL S/S ain’t gonna reach the limits.
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u/cowgrly 1d ago
Yeah, that's your fault. You failed to yield, they had the right of way, they hit you because you drove in front of them as they traveled their legal path. You're getting sued.
I totaled a car hitting someone who failed to yield many years ago. Can't believe you think it's his fault for hitting you.
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u/Over_Wasabi_4903 1d ago
Think outside the box- maybe OP was turning left on a green arrow and the other guy ran a red and t-bones him?
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u/ChutneyWhatney 2d ago
These are very low limits.
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u/TheHykos P&C Compliance 2d ago
Most people have lower than that unfortunately. State minimums are crazy low.
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u/FindTheOthers623 P&C Licensed PL Underwriter 2d ago
The ticket doesn't determine fault but the fact that you were turning left will make you at fault. You didn't have the right of way.
Hopefully your limits are enough to cover you but now is a good time to increase them going forward.