Found at fault accident.?

Question

What do I do my daughter was driving my car and she wasn't on my insurance .I gave her permission though.The people that were involved in the accident were on a motorcycle.They are in the hospital with broken bones.I had liability only.The liablity is not going to cover all the expenses.The adjuster told me they usually accept the settlement and they go under their insurance under unisured for the rest of the money.I am really worried her and I don't have the money if we are sued.Is there a really good chance I will get my house taken or my car ?She doesn't have any assets. My Adjuster said most of the time they take the settlement! Help!

Answer 1

Assuming they have underinsured coverage that is adequate you will be OK.  If you are sued, the insurance company will do everything in their power to settle the claim within your policy limits.  They will defend you through judgment if need be.  The adjuster is correct,  most of the time the claimant will settle for the policy limits.

Edit - Contrary to what Gerri posted, if you do not cooperate with your insurance company, they could deny your claim for failure to cooperate.  Also, did your insurance company cut back the liability limits to your state's compulsory limits since your daughter was not a listed driver?  If your daughter does not live with you, and she is not a regular user, then they should cover you up to your actual policy limits.

Answer 2

Wow, you got some pretty hard hitting answers there didn't you.  

Have to say first, Gerri, you must have had some pretty bad experiences with insurance companies & adjusters but please, we're not all bad.

to mbrcatz1, how do you know that his agent didn't try to offer him more, insureds do have the right to choose the coverage when presented.  Also, the do sell UM/UIM to motorcycles and Medical Payments (CA)

Luna, nice answer!!

If your daughter is not an excluded driver on your policy and had permission to drive your vehicle, coverage should be available.  They will most likely exhaust your liability limits and also go after their UIM (underinsured motorist).  Unfortunately, if you don't carry protection for your assets, you may have a situation.  

Your adjuster should not be giving you any type of false hope.  There is the chance that they'll be satisfied after their settlement with their own insurance policy and I hope that's the case.  Be optimistic

Answer 3

Don't talk to the Insurance adjuster!!! Their only job is to rip you off and see to it that the insurance company can give you as LITTLE money as possible!!

Call a lawyer! Try to get a lawyer that does not charge any money unless you win your case.

You can sue your insurance company if they don't want to cover you. That is why you pay them in the first place, so they will protect you. If they don't want to do it, they are jerks and you need to take action.

Or another lawyer told me, "Most judgments against you will get thrown our if you declare bankruptcy".

However, that will ruin your credit for Seven to Ten years, so keep that in mind to.

Answer 4

yes, there's a really good chance you'll get your house taken, and have your wages garnished for years.  Your daughter can have wages garnished for years, too.

Feel very lucky that your insurance is offering to pay ANYTHING.  They can deny, because your daughter wasn't listed.

Also, don't count on that motorcycle having an un/underinsured motorist coverage.  It's HIGHLY unlikely, as most companies won't put it on motorcycle policies - the bikers just get injured WAY too often.  When they do have it, it usually excludes the driver.    The only way these people are going to get their medical bills and lost wages paid (not talking pain and suffering here!) is to refuse that little offer, and sue you.  

You need to be really, really angry at your agent, for them not trying to get you higher limits of coverage.  Now call them RIGHT NOW, and increase your limits, and add your daughter.  Or else next time it happens, it's REALLY your fault.