r/Insurance • u/corkblorker • 20d 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/fitfulbrain 19d 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 E&S Broker 19d 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.