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Toyota Sequoia Limited: I was guilty of hit run and my insurance

I was guilty of hit...
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, what will happen if the plaintiff ask for more than 100,000 who will pay? will my insurance pay this?
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Answered in 30 minutes by:
7/16/2013
Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7,280
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
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If the plaintiff were to receive an award above the amount for which you are insured, you would be responsible for the difference. Having said that, plaintiff's will often settle for some amount at or below the policy limits. The reason is that insurance companies have the deep pockets necessary to pay off the judgment while the average individual would have difficulty satisfying a judgment. Meaning, it often isn't worth the trouble to go beyond policy limits.

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Joseph
Joseph, Attorney
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Customer reply replied 4 years ago

can u explain what is "sustain and over ruled"? i need more understanding on this. thanks

I'm uncertain what you're speaking of, we have never used the phrase "sustain and over ruled" in this post. Please clarify your question. Thank you.
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Customer reply replied 4 years ago

in the movies or tv shows sometimes i can hear some judges say these words.

That is, of course, a completely separate question from what was originally asked. Pursuant to the rules of this site, new questions are supposed to be posted on a new thread. As a courtesy, I will go ahead and answer this question but, for future reference, please create a new post.

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When an attorney has a legal objection to a question, some testimony or an item of evidence, he will say "objection" and then give the legal basis for the objection. The opposing attorney will then be permitted to state his response to the objection. At that point, the judge will then rule on the objection. If the judge says "sustained", that means that he has agreed with the objecting attorney. If the judge says "overruled", then he is agreeing with the attorney that opposed the objection.

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I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
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Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7,280
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
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Customer reply replied 4 years ago

im sorry I asked a question not related :( my bad!!! I have another one. if this isn't related,pls don't answer.


the plaintiff got around $14,000 in criminal case. can she get the same amount or more in civil case?


 

The plaintiff would be limited in what she could receive by the amount of her total damages. For example, if her damages were $20,000 and she received $14,000 from the criminal case, then she could only get another $6,000 from any other case.

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You didn't say it but, if her total damages were $14,000, then her recovery of that amount from the criminal court would prevent her from recovering anything in civil court.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7,280
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
Verified
Joseph and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 years ago


when i received my first summon few months ago i gave it to my insurance. my agent said, they will try settle it with the plaintiff so i don't have to appear in the court but unfortunately the plaintiff didn't agree. perhaps she's thinking she will get more money in civil case.


here is the explanation of the agent to me why this woman is suing me: "the complaint seeks damages from you for the injuries allegedly sustained by the plaintiff arising from an automobile incident that occurred on __(date)_______. the complaint alleges personal injuries arising from your negligent and intentional conduct. the plaintiff claims that the automobile collision you were involved in with the plaintiff caused physical injury to the plaintiff and your intentional act of failing to stop and identify yourself at the scene caused plaintiff emotional and mental distress. a further review of the complaint indicates that the plaintiff is seeking punitive damages". what do you think of this?

I'm not entirely certain what you are seeking of me by asking "what do you think of this?" I'll answer the question based on what I think you're seeking, please feel free to let me know if anything requires clarification. So then...

.

The letter is stating that the driver of the other vehicle is seeking a monetary award for injuries suffered as a result of the accident. Additionally, the driver is seeking compensation for "emotional and mental distress" from the accident.

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As to this, it is more difficult to prove damages when compared to injuries. As you might suspect, physical injuries are easier to quantify. It is quite easy to put together medical records, show the injuries and then determine a value. Conversely, emotional and mental issues are much more difficult to quantify. For this reason, it is not unreasonable to expect the driver to receive a significant recovery for the physical injuries while possibly receiving very little for emotional and mental distress.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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Joseph
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