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I was guilty of hit run and my insurance paid the damage to

the plaintiff. now I am...
I was guilty of hit run and my insurance paid the damage to the plaintiff. now I am being sued again in civil court for more money. my insurance will shoulder all the expense in hiring a lawyer. I am insured of $100,000 bodily injured. my question, will my insurance pay more than what I am insured?
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Answered in 5 minutes by:
7/16/2013
Roger
Roger, Attorney
Category: Business Law
Satisfied Customers: 31,875
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Business litigation attorney. Thanks for your question. I'll be glad to assist you.
Kirk Adams : As for the insurance coverage, the insurance company will only provide coverage up to policy limits. Anything awarded over and above the policy limits would not be covered - - and it would be your responsibility to pay.
Kirk Adams : The good news is that - most of the time - plaintiffs are not really seeking anything more than the policy limits as most people can't afford to pay a judgment over and above policy limits, so that's usually not even an issue in terms of settlement.
Customer:

im worried about that because I don't want to pay....

Kirk Adams : Sure. I understand that!
Kirk Adams : As I said, it is not likely that the plaintiff would be seeking more than the policy limits because the insurance money is really the only guaranteed funds available.
Customer:

the plantiff said, that it caused her physical injury, mental and emotional distress. you think the judge would award her more 100,000?

Customer:

good to know but how sure are you? does all cases are like this?

Kirk Adams : The amount of damages would depend on the injuries sustained. The plaintiff would have to PROVE the damages via medical bills, therapy bills, etc.
Kirk Adams : IT takes a great deal of treatment in order to reach such an amount. So, I can't say what the court would grant or not, BUT the court will only grant what can be proven with evidence.
Customer:

in criminal case, she got $14,000. that includes that medical bills

Kirk Adams : Ok. The plaintiff could not recover for the same damages twice. So, anything recovered previously should not be sought in the civil action.
Customer:

if I appear in the court. do I have to sit at the front and asked by the plaintiff lawyer?

Kirk Adams : You would be subject to being questioned in court/deposed by the plaintiff's lawyer.
Customer:

I am sorry, I am asking stupid questions. im kinna nervous.

Kirk Adams : No, you're fine. Feel free to ask whatever you like.
Customer:

really?

Customer:

I should know what question should be asked

Kirk Adams : The good news is that you'll be provided an attorney to assis you through the case, so he/she can assist/advise you throughout the process.
Customer:

my lawyer will debrief me, right?

Kirk Adams : Absolutely.
Kirk Adams : Your attorney will assist you in preparing for any testimony you may have to give.
Customer:

I got a letter from the plaintiff lawyer today. it says about "notice of continuance of order to show cause and cmc" what is this?

Kirk Adams : Also, your attorney will advise you on the status of the case, and will help you try and resolve this matter within policy limits.
Customer:

does this mean, I didn't show up the first time I was summoned?

Kirk Adams : I'm not sure what you mean. If you received a summons to appear, you should have done so.
Customer:

i have not receive any. i moved to a new address after the civil case. my insurance agent said, the summon letter should be handed personally. then i got this letter with this order to show cause

Kirk Adams : If you never received a notice to appear ,then I don't see how there could be an order to show cause.
Kirk Adams : Usually, an order to show cause is issued as a result of failing to appear or abide by a court order. But, if you weren't served, then that would be your "cause" to show at the hearing.
Customer:

maybe they did but lost on the mail?

Kirk Adams : Well, if you weren't personally served, then your were likely improperly served.
Customer:

ok. good to know. if ever they served me then i have a reason why i didn't show up.

Customer:

got it!

Kirk Adams : If you never knew that you were supposed to appear, it would be tough to be there!
Customer:

then what is cmc (case management conference)?

Customer:

what u mean, tough to be there?

Kirk Adams : If you didn't know that you were supposed to be there - - then there really would be no way to be there. You just need to discuss this issue with your attorney and develop a solid defense to a claim for failing to appear.
Customer:

got it!

Kirk Adams : A case management conference is a meeting between the parties to discuss the deadlines for the case - - motion deadlines, discovery deadlines, the trial date, etc.
Customer:

oic

Customer:

what is motion and discovery dealines?

Kirk Adams : During the course of the litigation, parties may want to file motions (which is the way to communicate with the court - - ask the court to rule on an issue, etc.). The court will set a date for ALL motions to be filed by.
Customer:

got it

Kirk Adams : Discovery is the procedure of exchanging documents, information, etc. between parties. The court will also place a deadline on completing this as well.
Customer:

that's for now. i guess, i feel better after our conversation. but can i still contact u later if i need to?

Kirk Adams : Sure. if you need anything further, please let me know.
Kirk Adams : You can find me here: http://www.justanswer.com/law/expert-kirkadams/
Kirk Adams : OR
Customer:

thanks for ur explainations

Kirk Adams : You can begin your next question with "For Kirk" and it will be directed to me.
Kirk Adams : Glad to help!
Customer:

ok

Customer:

i really appreciate it

Customer:

bye for now

Roger
Roger, Attorney
Category: Business Law
Satisfied Customers: 31,875
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
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Roger
Roger
Roger, Attorney
Category: Business Law
Satisfied Customers: 31,875
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Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

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