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Old 06-07-2018, 08:23 AM   #1
Davis65
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Red face Can You Be Sued For Damages Beyond Your Bodily Injury Insurance Limits

My question involves an injury that occurred in the state of: Texas

My niece 12 Yr old was in a car accident where she is at fault. We have insurance but we received a letter stating that the other persons injuries may exceed our policy limits. The insurance company will make every effort to settle but we may be exposed personally for any amount in excess of our limits.

Can we be sued? I just want to understand your options. It says we may obtain an attorney at our own expense. Don't they handle this? Does our premiums not cover this?

Any information you can provide would be greatly appreciated.
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Old 06-07-2018, 08:47 AM   #2
AFFA
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Default Re: Can You Be Sued For Damages Beyond Your Bodily Injury Insurance Limits

I wish to inform you that liability which is not covered by your insurance may make you liable. As accident is caused by your niece thus her guardian may be made liable. If you are acting as guardian of your niece then you may be liable otherwise parents of your niece may be held liable. You may keep an attorney in he lawsuit. Terms of your insurance policy may determine eligibility for expenses of attorney to be reimbursed to you.

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Old 06-07-2018, 02:40 PM   #3
adjusterjack
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Default Re: Can You Be Sued For Damages Beyond Your Bodily Injury Insurance Limits

Quote:
Originally Posted by Davis65 View Post
My niece 12 Yr old was in a car accident where she is at fault.
What the hell was a 12 year old doing driving your car?

Quote:
Originally Posted by Davis65 View Post
We have insurance but we received a letter stating that the other persons injuries may exceed our policy limits. The insurance company will make every effort to settle but we may be exposed personally for any amount in excess of our limits.
That's true.

Quote:
Originally Posted by Davis65 View Post

Can we be sued?
Yes. And in your case probably found liable for negligent entrustment.

Quote:
Originally Posted by Davis65 View Post

I just want to understand your options. It says we may obtain an attorney at our own expense. Don't they handle this? Does our premiums not cover this?
Your premiums do cover an attorney to defend you in the event of a lawsuit. However, if you are sued for more than your liability limits your insurance company is only required to provide a defense but only up to your policy limit.

The following is a typical liability insuring agreement in a Texas auto policy:


Quote:
We will pay damages for bodily injury or property damage for which any covered person
Quote:
becomes legally responsible because of an auto accident. Property damage includes loss of use of the damaged property. Damages include prejudgment interest awarded against the covered person.We will settle or defend, as we consider appropriate, any claim or suit asking for these damages. In addition to our limit of liability, we will pay all defense costs we incur. Our duty to settle or defend ends when our limit of liability for this coverage has been exhausted.
Read your own policy to see if it says the same thing.
For the moment, however, I suggest you let your insurance company conduct settlement negotiations.
If you end up being served a summons and complaint for more than your liability limits, THEN it will be time to hire your own attorney.

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Old 06-07-2018, 06:25 PM   #4
Highwayman
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Default Re: Can You Be Sued For Damages Beyond Your Bodily Injury Insurance Limits

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What the hell was a 12 year old doing driving your car?
Inquiring minds want to know that answer to THAT one.
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Old 06-08-2018, 08:39 AM   #5
Davis65
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Default Re: Can You Be Sued For Damages Beyond Your Bodily Injury Insurance Limits

If you were seriously injured in a motor vehicle accident, your first step should be to call 911 and get prompt medical treatment. But there are other important things you can do to help ensure that you receive the maximum available compensation for your injuries and your property damage.
1. Gather The Other Driver’s Information - This includes the other driver’s name, license plate number, phone number, address, and insurance information.
2. Document The Accident Scene And Your Injuries - If you can, take pictures of the scene, including the damage to both vehicles and the area where the crash occurred.
3. Seek Appropriate Medical Treatment
4. Contact An Attorney, And Do Not Agree To Give The Insurance Company A Recorded Statement
5. Follow Your Doctor’s Orders, And Do Not Stop Medical Treatment Prematurely
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Old 06-08-2018, 09:44 AM   #6
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Default Re: Can You Be Sued For Damages Beyond Your Bodily Injury Insurance Limits

The insurance will cover only up to the limit which is predetermined and in this case as a minor is in fault her parents/guardian is responsible for all the damages arising out of the accident.
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Old 06-08-2018, 10:42 PM   #7
Highwayman
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Default Re: Can You Be Sued For Damages Beyond Your Bodily Injury Insurance Limits

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If you were seriously injured in a motor vehicle...
Clueless.
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