Can the injured woman win the case?
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Can the injured woman win the case?
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I was running a For-Hire vehicle with a passenger in the back seat, another car ran over the stop sign and hit my back door. The damage wasn't too bad, the insurance company compensated me about $4,000. My insurance company paid the passenger for medical.
When the accident happened, someone called 911, and the passenger was taken to the hospital. She was ok and conscious enough to remember to send someone to fetch her purse left in my car, when she was transferred to the ambulance. Now she's suing me and the other car owner for bodily injury. Since my car is For-Hire vehicle, my insurance covers $100,000/person, $300,000/accident. The lawyer office informed us that if the coverage is not enough to cover the injury, it may affect my asset, such as house. I'm worried about it.
Does anybody know if she will succeed in getting paid for the so called "bodily injury" from either of us? (I don't think she's paralyzed, though)
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pragmatism_rules
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You don't get to make the decisions about how much she is injured. That is for her, her doctor's and your insurance, plus the other car's insurer to determine.
And in case you haven't noticed, an actress died recently in Canada....she fell and hit her head but because she felt "well", she refused to go to the hospital. So...although she was alert just after the injury (much like your woman asking for her purse), she died from her injuries. What I am saying is that just because someone is conscious enough to ask for their purse that doesn't mean they haven't received injuries.
So yes, she can sue and will she win? That is up to a judge but it is quite possible you could lose everything and still have a judgment sitting on top of that which will take part of your earnings for a very long time. So why were you so under-insured? Most private cars today have at least a million dollars in insurance so what happened with your insurance? And if that is all you could get from your insurer, why didn't you find another policy elsewhere?
My bet is that she will prevail, possibly against you, but definitely against the other car's insurer as that car's driver ran a stop sign. And if you do lose in court, you will be able to sue the other car's owner and/or insurance to be made whole because of that driver's criminal actions. BTW, was he charged? That might be useful to bring up in court.
I suggest you get a good lawyer as you are going to need it. And please...get better insurance. Good luck! |
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katherine
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The lawyer office informed us that if the coverage is not enough to cover the injury, it may affect my asset, such as house. I'm worried about it.
If she can prove damages in excess of the 100K then yes she can go after your personal asets if you have not properly covered them from judgment. |
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