Can you be sued personally at the same time someone has an auto insurance claim against you?

May 12th, 2011
by admin.

My wife was involved in an auto accident last October. The other party submitted a claim to our insurance company this February for personal injury. The insurance company has determined very little liability and have not been able to come to an agreement on the terms of settlement. We have just discovered the other party has filed a personal injury suit against my wife. Can this be done at the same time? Is the insurance company supposed to deal with this? If the other party gets paid by the insurance company, would my wife still be liable for damages? What if the insurance company and the other party never come to an agreement? Help?!

Posted in: Auto Insurance Claim.
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4 Comments

  1. sensible_man says:
    April 28, 2010 at 6:31 pm

    Turn over a COPY of any paperwork you receive concerning the lawsuit, to your insurance company. If the insurance company cannot reach an agreement, a mediator will be called in by the courts to settle it. The person cannot progress with a civil suit until the insurance coverage is finished and cannot draw two amounts for what has already been paid to satisfy the claim. (This is assuming damages were paid in full through the insurance.)

  2. ME says:
    April 28, 2010 at 7:30 pm

    Your insurance will only pay up to your policy limit. So, if the other pary sues you and wins more than the amount on your policy, you will be personally responsible for the excess. This is why you should always carry the highest limits of liability you can afford.

  3. Sportsnut says:
    April 28, 2010 at 8:01 pm

    This happened to me last year. I had a wreck in San Antonio, TX well over 3 yrs ago and when the Ins. Co. didn’t want to settle on the plaintiffs’ terms, she decided that she would go ahead and sue me for her personal injuries!!!! Well, I contacted the Ins. Co. and they took the case and fought it for me anyway. When they did their own investigation, they found that a lot of the injuries she was claiming at the time were a result of her past medical history and ignoring the advice of her own doctors!!!! So quickly she realized that they were totally on to her antics. So the plaintiff ended up with a settlement of $5,000.00, and the case was closed. A far cry from the $75,000.00 she was suing for originally!!!! Take the suit to your Ins. Co. Depending on the Co. you’re insured by, they should be able to handle this case for you even though she brought suit against your wife directly. It’s their job to prevent things like this from happening to you!!!!!

  4. oklatom says:
    April 28, 2010 at 8:16 pm

    Yes, obviously they can, and sometimes do just to have some bargaining power with the insurance company. “I will drop my suit against the driver if you will pay us $XXXX.XX on the claim.”

    They seldom go all the way to trial, and if they do your insurance will furnish an attorney to protect your rights.

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