What happens if I hit a person with my car and the cost of their injuries add up to more than my policy limits?
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What happens if I hit a person with my car and the cost of their injuries add up to more than my policy limits?
During a rainy and foggy night, I hit a bicyclist with my vehicle as I entered my apartment complex. Assuming I am 100% at fault (no ticket was issued and I believe there are facts to show that the bicyclist was partially at fault), what happens if his injuries, lost time at work, and pain and suffering add up to more than my policy limit of $100,000. I also have $100,000 for property which will more than cover the damages to his bike. I am really freaking out about this and any help is appreciated. He got up right after the accident but claimed to be in pain and did go to the hospital. I do not know the extent of his injuries beyond that.
Asked on June 8, 2013 under Personal Injury, New Jersey
Answers:
Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.
Answered 11 years ago | Contributor
First of all, as part of your insurance policy, if a lawsuit is filed against you, your insurance company should provide legal representation to defend you in the lawsuit. You also indicated that you were not cited by the investigating officer who responded to the scene. That weighs heavily in your favor. In Georgia, there is a two (2) year statute of limitations on injury cases. The Plaintiff must either settle the case or file a lawsuit before the two years expires. Unless the bicyclist is seriously injured, your policy limit should cover the damages. If you need peace of mind, you can speak with your insurance company representative to find out whether the insurance company has information on the extent of the injuries, also whether your insurance company is accepting liability in this case. Another alternative would be to retain an attorney to conduct an investigation as to these issues.
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