What happens if I hit a person with my car and the cost of their injuries add up to more than my policy limits?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption