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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I had an minor car accident with a bicyclist. I dont think

Resolved Question:

I had an minor car accident with a bicyclist. I don't think I'm at fault. So do my insurance company. The other party's dad happened to be an attorney. He determined to get money from us. He's about to sue. I know the insurance company will provide me a lawyer. Do I have to present in court if this actually goes to trial? The other party seemed to have some wrist fracture. I don't know how much the attorney dad will ask. What are the odds of his asking for more than my liability (which he doesn't necessarily know, I hope.) What if he indeed asks for some astonishing number? What will happen? THank you!
Submitted: 9 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 9 months ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, if it ever goes to court you would likely need to appear but the chances of that are very, very slip. Only about 3% of all filed suits go to court. 97% end up being dismissed or settled before the court hearing. As for asking for more than your liability, what they can ask for is based on actual injury. So if medical bills are $20,000 and he also demands additional $40,,000 for pain and suffering but you only have a $50,000 policy, then he would ask for more than the premium. I cannot tell you yet on what he may demand, but if he asks for something unreasonable, the jury may refuse to grant it. Going to court is not a sure thing for getting paid, so him filing does not mean he would win.

Good luck.

Customer: replied 9 months ago.

Thank you!



I guess these all make perfect sense! May I ask what if he demands for more than the premium and wins? I don't really like to think this might happen but I really want to know what are the possible consequences.


 


And any chance the whole thing would even go beyond that???


 


Thank you!

Expert:  Dimitry K., Esq. replied 9 months ago.

Thank you for your follow-up, Shi. Glad to help and you are most welcome.

If he wins more than the limit on the policy, any overage can be pursued against you personally and directly by him. The insurer i required to cover up to their policy limit and no higher. Then the difference can be pursued if he wishes, and the holder of the judgment may pursue wage garnishments, bank levies, or liens against your other assets until the amount is paid off.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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