I was involved in a fender bender my car suffered minimal damage. The other person claimed I backed into them. Truth be known I was already backing out and they drove into the lot. Person insisted on calling the police. No tickets were issued. My insurance company called me to inform that the person has now retained counsel and were asking how much insurance I had and were claiming bodily injury. They were walking around after the accident admiring how nice my car was. My insurance company sent me a letter stating my claim limits and informing me I might be liable for anything above that. How do I proctect myself from what I consider to be an attempt at insurance fraud?
Country relating to Question: United States
State (if USA): Florida
I have recieved an Affidavit from the insurance company that states my name, I was the driver, I have no other insurance to execute. This seems all for them. How do I proctect myself?
Hi - my name is XXXXX XXXXX X'X a Personal Injury litigation attorney here to assist you.You can't stop the person from suing you, and it is true that if the person obtains a judgment against you for more than your insurance coverage provides, you will be personally liable for the balance of the judgment. Although this is possible, I have personally NEVER seen a defendant in a personal injury lawsuit/car wreck have to pay money out of his/her own pocket as a result of judgment. Usually, an attorney is only interested in the policy limits of the insurance you have because that's the only guaranteed money. Any judgment over that amount is contingent on whether or not the person has any money/assets or property that can be attached to satisfy a judgment. Because most people don't have tens of thousands of dollars lying around, attorneys usually aren't interested in pursuing anything more than what it can get from the insurance company. Thus, although this is a concern, it is very uncommon that something like this would occur. If you are sued, your insurance company will provide you with an attorney, who will defend you as well as try to get the claim settled within policy limits. The attorney will develop a defense - which will include developing a claim that the accident wasn't even your fault, and even if it was, the person wasn't hurt that bad (which would be supported by the medical bills produced in the case). If the person does have proof of medical bills/lost wages/other damages, etc., that's the damages you'll be looking at. The person would not automatically be entitled to the policy limits. Instead, he/she will have to prove what expenses or damages have been caused in order to establish a damage claim. The best thing you can do is give a full account to your insurance company to assist in processing the claim and then work with your attorney if you're sued.
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