Should I hire a lawyer regarding an accident that may take us above our policy limits?

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Should I hire a lawyer regarding an accident that may take us above our policy limits?

My wife was in a wreck with her at fault. Passenger in other vehicle is in hospital with injuries pertaining to a pre-existing heart condition but putting the blame on the accident. Our insurance company has informed us that the bill could go above our policy limit and may take years to figure out.

Asked on December 13, 2011 under Personal Injury, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you are not actually sued by the other party or by an insurer seeking reimbursement of what it's paid out for the accident, you don't need an attorney--it does not matter what the potential damages are unless and until someone brings a legal action to try to collect from you.

At whatever time you sued, you would clearly need an attorney. If you have already by then exceed your policy limits, your insurer will not pay for or provide the lawyer--you'll need to get your own attorney. You could hire the lawyer in advance, but then you will also start paying him or her in advance.


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.

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