Can I be sued personally from a car accident? 24 Answers as of January 23, 2013

I was in a car accident and it was my fault. I have full coverage on my car with farm bureau and he has insurance with progressive. Can I be sued personally from the other person?

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The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
Yes, you certainly can be sued personally.
Answer Applies to: Louisiana
Replied: 1/23/2013
Curry, Roby & Mulvey Co., LLC
Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
If you were at fault for the accident in question, then yes, you can be sued personally. Your insurance should cover you up to your policy limits, but the injured party cannot bring suit directly against the at-fault driver's insurance company.
Answer Applies to: Ohio
Replied: 1/23/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Since the insurance company was not the owner or driver, then you will be sued. The insurance company will pay up to the limit of the policy. You would be responsible above that amount.
Answer Applies to: Michigan
Replied: 1/23/2013
Law Office of Kenneth P. Crosson, LLC
Law Office of Kenneth P. Crosson, LLC | Ken Crosson
Yes. In fact, in Georgia, if your insurance company isn't able to negotiate a settlement of the claim, you probably will be sued personally. In that event, Farm Bureau will hire a lawyer to defend you (and them), but if the plaintiff gets a judgment against you in excess of your coverage, you could be liable for the excess. That said, your insurance company is under a duty to negotiate the other driver's claim in good faith. If you get sued because your insurer failed to do so, they could become liable to you.
Answer Applies to: Georgia
Replied: 1/23/2013
Gregory S. Shurman, LLC
Gregory S. Shurman, LLC | Gregory S Shurman
Yes, you can be sued personally. Your automobile insurance covers you up to the limits of the coverage you purchased from them. If the damage you caused the other(s) involved is greater than that coverage, you could be held responsible for paying that excess amount.
Answer Applies to: Georgia
Replied: 1/23/2013
    Law Offices of Sandeep G. Agarwal
    Law Offices of Sandeep G. Agarwal | Sandeep G. Agarwal
    Yes - but, when you are served with the lawsuit, forward it on to your insurance company.
    Answer Applies to: California
    Replied: 1/23/2013
    Mike Lewis Attorneys | Mike Lewis
    You should report this to your insurance carrier and let them handle it for you. They will provide you an attorney of one is needed.
    Answer Applies to: North Carolina
    Replied: 1/22/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Yes. If suit is filed, it will be against you and not your insurance company. Believe it or not, you can't sue the insurance company for the driver at fault in this state!
    Answer Applies to: Alabama
    Replied: 1/22/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    That is how the action starts when the plaintiff and the at fault driver's carrier cannot agree on a settlement amount or coverage is indequate.
    Answer Applies to: California
    Replied: 1/22/2013
    Seth Wiener
    Seth Wiener | Seth Wiener
    You can be sued personally, but your insurance company should be responsible for defending you in the action. I would be pleased to assist you with tendering the matter to your insurer.
    Answer Applies to: California
    Replied: 1/22/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, it is possible for you to be sued as a result of the accident personally, and your offense should be provided to you by Farm Bureau.
    Answer Applies to: Michigan
    Replied: 1/22/2013
    John Russo | John Russo
    But of course, why not, if your insurance does not cover all their damages, and injuries what are they suppose to do just roll over and play dead. Their recourse is not predicated upon how much insurance you decide is fine for you to carry. So if their liabilities surpass your policy maximums you could be liable for the balance, I say could for a few reasons, one being if they settle with your insurance and agree that said settlement is in full satisfaction of any and all claims then you will be off the hook, but say the insurance company has valued the case and knows that it is potentially worth twice the policy limits then they can say ok we are out of here we will pay the policy limits and are insured is now on their own they can do that and there is nothing you can do. The only time the insurance company would be obligated to pay above the policy limits is, if they refuse to settle at policy limits and go to trial, at that point the insurance company would be on the hook for whatever the final award would be, if it is 100 times the policy limits they must pay.
    Answer Applies to: Rhode Island
    Replied: 1/22/2013
    LAW OFFICE OF ROBERT T. DURBROW, JR. | Robert T. Durbrow, Jr.
    Yes you can be sued. If the people in the other car incurred property damage or personal injury, they could sue you in small claims court individually themselves or in Superior Court should they have suffered more serious injuries.This is why you carry automobile insurance. You need to report the accident to your insurance company immediately for them to handle any claims the people in the other vehicle may want to make against you.
    Answer Applies to: California
    Replied: 1/22/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Yes you will be if the insurance company doesn't settle. The person is named not the insurance company and they will then defend you.
    Answer Applies to: Connecticut
    Replied: 1/22/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    You can only be sued personally....the insurance company cannot be joined, but Farm Bureau will provide you with a defense.
    Answer Applies to: Florida
    Replied: 1/22/2013
    Frank Law Group, P.C.
    Frank Law Group, P.C. | Brett E. Rosenthal
    Yes, of course you caused the accident so they sue you personally and your insurance company agrees to pay up to your policy limit. However, if the value of the case is potentially larger than your policy, they will be looking to your assets to pay that judgment.
    Answer Applies to: California
    Replied: 1/22/2013
    Law Office of Thomas J. Bashara | Thomas J. Bashara
    If a lawsuit were to be filed, you would be sued personally irrespective of insurance coverage. The insurance is there to provide you a defense to the lawsuit and pay valid claims or judgments up to the amount of your policy limit. Only if the damages exceeded your policy limits would there be personal liability on your part. For example, if you had $100,000 of coverage and but the injured party was awarded $300,000, your insurance should pay $100,000 but you would then personally owe $200,000. Except in fairly rare cases, most insuance companies are able to settle claims within the policy limits. While I don't know the specifics of your case, I suggest you not panic even if the accident was serious. Instead, make sure you contact your insurance agent as soon as possible (unless you don't want your insurance company involved, in which event you'll be personally on the hook.) I'd also recommend speaking to a lawyer because there may be other varieables at play that havent been discussed in your question.
    Answer Applies to: Arizona
    Replied: 1/22/2013
    Shean Law
    Shean Law | John Shean
    One thing the public does not understand is that ALL Indiana auto accident lawsuits must be filed against the person who caused the accident. Your insurance company will come in to defend against the lawsuit and will decide if they will pay and how much but the lawsuit will be filed against you personally. In fact, in personal injury trials, the jury will never hear about your insurance.
    Answer Applies to: Indiana
    Replied: 1/22/2013
    Simpson Law Office, PLLC | Alexander J. Simpson, III
    Yes, you can. Most such claims are settled out of court, by your insurance company. If your case does not settle, your insurance company has a duty to provide you with a lawyer to defend any such lawsuit up to the amount of your coverage limit. If a jury awards damages in excess of your policy limit, you could be personally liable for the difference.
    Answer Applies to: Mississippi
    Replied: 1/22/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    Yes. You can be sued personally for your negligent acts. Your rights to defense and indemnification by your insurance do not change the fact that you would be the appropriate party-defendant.
    Answer Applies to: Nevada
    Replied: 1/22/2013
    Frank Law Group, P.C.
    Frank Law Group, P.C. | David E. Frank
    Yes, but your insurance will cover you up to your policy limit. In CA, if injured party makes a demand for the payment of the policy limit to settle the case, but your insurance company refuses, then you have no limit and the insurance company will have to pay whatever judgment the injured party obtains against you (even if the amount exceeds your policy limits).
    Answer Applies to: California
    Replied: 1/22/2013
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    The simple answer is "yes." However, as long as you've given notice to your insurer, it will attempt to settle the case with the other person, and will pay that settlement on your behalf. If your insurer is unable to reach a settlement, the other person can sue you personally. But when that happens, your insurer will hire an attorney to represent you - and even if the case goes to trial - the insurer will pay any amount you are found to owe (up to the policy limits of your insurance).
    Answer Applies to: Washington
    Replied: 1/22/2013
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    Yes. Your car insurance only covers up to the maximum of the coverage that you purchased. For example, lets assume you had the Utah minimum policy, which is $25,000 per person and $65,000 per accident (if there is more than one person). Lets also assume that the total damages from the accident were $100,000 for one person. You could theoretically be personally liable for the remaining $75,000.00 in damages.
    Answer Applies to: Utah
    Replied: 1/22/2013
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