If I have bodily injury insurance in Florida, can I be sued for more than my limits? 6 Answers as of February 21, 2012

I was involved in an accident and was cited in Florida. Now the individual who was in the vehicle which was hit, four months later, hired a law firm to demand the bodily injury limit of my policy. The insurance company does not believe is worth the limits and is trying to settle. Can I be sued for more than the limits of my policy in the state of FL? Should I be concerned or just monitor the progress the insurance company is trying to make with the settlement?

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David Hoines Law
David Hoines Law | David Hoines
you can be, but the insurance company has vast experience at these things if you are worried or concerned you can hire an attorney to protect you.
Answer Applies to: Florida
Replied: 6/29/2011
Law Offices of Joseph I. Lipsky, P.A.
Law Offices of Joseph I. Lipsky, P.A. | Joseph Lipsky
While most car accident cases are resolved within the culpable person's insurance limits, the injured plaintiff is entitled to pursue the full amount of their damages from the person who caused the accident. Often, depending upon the severity of the injuries involved, an injured party's attorney will require a financial contribution from the owner/operator of the vehicle which caused the collision. If you are concerned about having such excess exposure, it is advisable that you contact an attorney to represent your interests to insure that the insurance company acts as it should.
Answer Applies to: Florida
Replied: 6/28/2011
Ewusiak & Roberts, P.A.
Ewusiak & Roberts, P.A. | Christopher J. Roberts
You can be sued for any amount, regardless of your policy. Your insurance company, however, has a duty to you to try to settle the case if the accident was your fault. The insurance company has a right to negotiate in good faith, but they have a duty to protect you, too. If you believe the damages caused to the other driver/vehicle are greater than your policy, you could write to your insurance company and ask them to pay your insurance limits to protect you. If they refuse and you end up getting sued and have a judgment in excess of your policy limits, the insurance company can still be held responsible if they missed the opportunity to settle within limits. It is called "bad faith." It is not unusual that insurance companies try to negotiate with the other side, so hopefully they will be able to resolve the case. If not, they will hire you a lawyer and you should talk with him/her about the issue of what happens if the jury finds against you in an amount in excess of your policy. Good luck.
Answer Applies to: Florida
Replied: 2/21/2012
Lyle B. Masnikoff and Associates
Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
They could go after you for more than policy limits but only if they get the entire policy limits from the insurance company. Just monitor the situation and let the insurance company handle it. I would not expect them to come after you.
Answer Applies to: Florida
Replied: 6/28/2011
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
Yes, they can obtain a judgment against you for more than your policy limits. If you get sued, you might want to spend a few hundred dollars and hire a lawyer to represent you personally, in addition to the lawyer your insurance company provides for you. That's called "personal counsel" and that lawyer will make sure that your individual rights are being protected so that if the plaintiff does get a judgment against you for more than the policy limits, your insurance company can be made to pay for it all. I would, at the very least, request of your insurance company (in writing) that they provide you with copies of all letters that go back and forth between your insurance company's adjuster and the attorney representing the injured person.
Answer Applies to: Florida
Replied: 6/28/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    Yes, you can. Monitor it & demand your insurance company keep you up to date.
    Answer Applies to: Florida
    Replied: 6/28/2011
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