Anybody know anything about personal injury lawsuits in car accidents that could help me?

Question

My husband is getting sued in Florida for personal injury because he rear-ended someone 4 years ago and the statute of limitations is up. The guy he rear-ended was walking and looked perfectly fine after the accident, though he went to the hospital to get checked out later. He didn't take any money from the insurance company after the accident, but got a lawyer and reserved his right to sue. The limits of liability on bodily injury on my husband's old policy was $50,000. I know nobody on here can give official legal advice, but is it likely that we'll have to pay in something too? The insurance company is standing up for us in settlement/court. We have negative assets because we're graduate students and we're renting, plus my husband has student loans. We're just wondering what's the worst we can expect.

Answer 1

Unless the hospital said something was wrong with him at the time, it's unlikely he'll win simply because of how long he waited to sue. If he was injured in any way, why not take the insurance company money or sue earlier?

In theory, I suppose you would have to pay punitive damages, but his claim that suddenly four years later he's injured probably won't hold up. It just sounds like he needs the money.

Answer 2

Without knowing exactly what the individual is claiming, I can't give you a good answer. Worst Case Scenario = Everything they're asking for PLUS punitive damages added on top.

Your insurance company SHOULD be answering all of these questions for you, and you should ONLY be talking to your insurance company and their attorney.

Answer 3

Well u could.

Answer 4

You might go to a public access legal clinic (one that will help those people with little or no money - perhaps your university has one) and see if you can get an attorney to work for you pro bono.

Answer 5

Depending on the severity of injury to the claimant, his attorney is seeking to get to the deepest pockets he can find, and that is your insurance company. If you didn't have that insurance I can promise you there would be no lawsuit at all.

So the very worst that could come of it, in my non-legal opinion, is in the $20-35000 range, if he prevails at all.

Answer 6

You may only be liable for your deductible. Your insurance company will cover any damages incurred.  Unless the injured guys' injuries are really bad, there is no way your husband will have to pay anything over the $50,000 for which your insurance company is responsible