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N Cal Attorney
N Cal Attorney, Attorney
Category: Personal Injury Law
Satisfied Customers: 9393
Experience:  since 1983
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T a homeless pedestrian with my car who was jaywalking in an

Customer Question

Hit a homeless pedestrian with my car who was jaywalking in an 8 lane (4 one way traffic each side). According to witnesses, police report and paramedics, pedestrian was believed to be intoxicated and refused to cooperate. I did not drink or was under any influence of drugs. After police investigation, I was allowed to go without any charges or wrong doing in my part.
Few months later, the pedestrian and her lawyers go after my insurance Geico seeking money for the claim and bodily injuries. Geico was asked to provide my bodily injury limits which they provided (100K). As of today, Geico informed me that they are going to settle the 100K plus geico does not hold me responsible.
I'm frustrated because this wasn't my fault and is there something I can do or countersue? Secondly I'm afraid these lawyers will come for more money which puts me at risk beyond the 100K. I need a strong and clear way to defend myself incase they seek more money. What do I do and I need a strong strategy.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  N Cal Attorney replied 1 year ago.

The insurer is not supposed to settle a claim in a way the leaves the insured exposed to any additional liability.

You can ask your insurer to confirm in writing that this is a final settlement that protects you from any liability.

I hope this information is helpful.

Customer: replied 1 year ago.
What if the insurance company says they can't guarantee anything? What if the lawyers come seeking for more money above the limit I'm covered for 300K? I need to to clearly understand my rights and how I'm protected. Also in the case this goes above the 300K, I need to also know how I protect myself or if I pursue suit. Thanks
Expert:  N Cal Attorney replied 1 year ago.

I'm not here to speculate.

You need to ask the insurer what the terms of the proposed settlement are. They will have to show it to you eventually because it requires your signature.

Has the pedestrian filed a lawsuit?

I know a lot about insurance law but I need to understand the situation a little better.