Legal Question in Personal Injury in Indiana

My car was involved in an accident but my friend was borrowing it and he crashed it,Now the insurance is saying the other person that was involved in the accident is asking for a settlement more than I was covered and at first my friend would respond as far as telling me he would help figure everything out so we can get it settled so I gave the claims adjuster his number so she can speak to him regarding the accident but he wont answer hers or my calls now.What can I do about this?


Asked on 7/07/12, 8:53 pm

1 Answer from Attorneys

Voyle A. Glover Attorney at Law

You need to hire an attorney to represent your interests with your insurance company as well as against the other insurance company (actually, the defendant). Ultimately, if they file suit against you, your insurance company will be required to defend you. However, if the other party demands 100% of the policy and your insurance company refuses to pay, and then it goes to trial and you lose, then you will owe whatever overage that exists. Example: You have $25,000 max coverage. Defendant offers to settle for policy limits but your insurance refuses, then goes to trial and loses. Judgment is for $35,000. You have to come up with the $10,000. However, your friend will have to be dragged into the case as a party, either by you, or the other party. It can get complicated. If your insurance company refuses a reasonable offer to settle for policy limits, it is possible that you can get them to pay any excessive verdict. But, you will definitely need to have a lawyer representing you in order to achieve that.

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Answered on 7/08/12, 5:47 pm


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