How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

I had an minor car accident with a bicyclist. I dont think

This answer was rated:

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!

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 3 years 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!

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. and 2 other Legal Specialists are ready to help you