If while backing out of a parking space I bumped into a pedestrian who is claiming an amount that surpasses my auto policy coverage, what kind of lawyer will I need?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If while backing out of a parking space I bumped into a pedestrian who is claiming an amount that surpasses my auto policy coverage, what kind of lawyer will I need?

My coverage is for up to $50,000.

Asked on May 15, 2015 under Personal Injury, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am assuming here that you were served with suit papers, correct?  ANd the claim for damages in excess of your policy comes at the end in what is called the Ad Damnun clause.  They claim millions?  This is a common statement made by plaintiff's attorneys and often done becuase under the law you are bound by the claim for damages made in that paragraph.  So they shoot high when often their proof can not sustain their claim.  Now, are you writing this question here because you got a letter from your insurer telling you that the claim is in excess of your policy and you have the option to hire your own attorney becuase they can only cover you up to the $50K and your laywer assigned knows that?  If you were insured then you are entitled to an attorney.  And that attorney has to zealously represent you in the suit no matter what your coverage.  It is his or her ethical obligation.  So you will be assigned an attorney pursuant to your policy that handles insurance defense cases on a regular basis. Let that attorney asses the damages alleged to tell you if you should be concerned that the verdict will exceed your coverage.  99.9% of the time it does not.  If your case is the exception, then you can consult an putside PI defense attorney.  Otherwise understand that the attorney assigned - and your insurer - have an ethical obligation to settle the claim within your policy limits. Good luck.    


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