Wife being sued after wreck

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ugaDAWGS09
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Wife being sued after wreck

Post by ugaDAWGS09 » Mon Dec 03, 2018 11:09 pm

Edited, Thanks for the advice.
Last edited by ugaDAWGS09 on Mon Dec 03, 2018 11:27 pm, edited 1 time in total.

H-Dog
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Re: Wife being sued after wreck

Post by H-Dog » Mon Dec 03, 2018 11:17 pm

We had a similar situation years ago. Geico said they would cover up to our liability limit which was significantly lower vs what we were being sued for unfortunately. Fortunately both our insurance, their insurance and the police report put my wife not at fault.

I think it's best to call Progressive and ask about your particular case. They should have to fight for you since they are representing you.

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Watty
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Re: Wife being sued after wreck

Post by Watty » Mon Dec 03, 2018 11:24 pm

It would be best to edit your post to take out any details about the accident that might come up in court.

123
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Re: Wife being sued after wreck

Post by 123 » Mon Dec 03, 2018 11:24 pm

If you have not done so already you should immediately inform your insurance carrier of the accident and the litigation.

The purpose of the insurance policy is to insulate you financially from claims for accidents. Once you turn the matter over to your insurance company they should handle it for you, though they may require your spouse's co-operation in any investigation and or court appearances. Potentially if there is a court judgement in excess of your insurance coverage you would be obligated to pay it. That happens very infrequently, most of the time the insurance company negoitiates a settlement prior to any court proceedings. It is in the best interest of the insurance company to settle prior to a trial to minimize their own legal expenses. In some cases the costs of litigation can exceed the costs of any financial settlement.
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Random Musings
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Re: Wife being sued after wreck

Post by Random Musings » Mon Dec 03, 2018 11:44 pm

As mentioned, the insurance provider attorneys should be contacted and most likely, in this case, since the amount being asked is lower than coverage, that is all you will need to do. They have lots of data on expected payouts and most are settled before reaching a jury trial - perhaps an attorney can chime in on the percent that get to that point. Saying that, i believe 100K is a little light in coverage. I also utilize umbrella coverage on top for a very reasonable price for peace of mind, perhaps some here self insure but I would have trouble sleeping at night going that route.

Take into consideration that if you have lots of coverage, insurance companies are motivated to minimize payout in almost all cases because exceeding umbrella limits does not happen too often. If you have lower coverage, the number of cases rise where the insurance companies calculate the expected payout ti exceed coverage rises. At that point, there is little motivation for them to litigate on your behalf so hiring your own attorney may be advisable in that situation,

You pays your money and you takes your chances.

RM
Last edited by Random Musings on Mon Dec 03, 2018 11:48 pm, edited 1 time in total.
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KlangFool
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Re: Wife being sued after wreck

Post by KlangFool » Mon Dec 03, 2018 11:48 pm

OP,

Do you carry an umbrella insurance? It is for an occasion like this.

KlangFool

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ugaDAWGS09
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Re: Wife being sued after wreck

Post by ugaDAWGS09 » Mon Dec 03, 2018 11:55 pm

KlangFool wrote:
Mon Dec 03, 2018 11:48 pm
OP,

Do you carry an umbrella insurance? It is for an occasion like this.

KlangFool
I'm not familiar with an umbrella policy or how to purchase one.

KlangFool
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Re: Wife being sued after wreck

Post by KlangFool » Tue Dec 04, 2018 12:08 am

ugaDAWGS09 wrote:
Mon Dec 03, 2018 11:55 pm
KlangFool wrote:
Mon Dec 03, 2018 11:48 pm
OP,

Do you carry an umbrella insurance? It is for an occasion like this.

KlangFool
I'm not familiar with an umbrella policy or how to purchase one.
ugaDAWGS09,

https://www.bogleheads.org/wiki/Umbrella_insurance

KlangFool

TheHouse7
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Re: Wife being sued after wreck

Post by TheHouse7 » Tue Dec 04, 2018 12:12 am

ugaDAWGS09 wrote:
Mon Dec 03, 2018 11:55 pm
KlangFool wrote:
Mon Dec 03, 2018 11:48 pm
OP,

Do you carry an umbrella insurance? It is for an occasion like this.

KlangFool
I'm not familiar with an umbrella policy or how to purchase one.
Usually you can ask about one with your current insurance provider. Insurance companies usually require maximum liability insurance on auto before issuing an umbrella policy. They are very affordable ($150 a year for $1,000,000 in liability).
"PSX will always go up 20%, why invest in anything else?!" -Father-in-law early retired.

MrsBDG
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Re: Wife being sued after wreck

Post by MrsBDG » Tue Dec 04, 2018 12:27 am

I'm curious, I often see people advised, as in this case, to not post details which could be used against them. Have posters had experience hearing of an anonymous poster's online postings being discovered and used or is it just common sense?

HEDGEFUNDIE
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Re: Wife being sued after wreck

Post by HEDGEFUNDIE » Tue Dec 04, 2018 12:48 am

MrsBDG wrote:
Tue Dec 04, 2018 12:27 am
I'm curious, I often see people advised, as in this case, to not post details which could be used against them. Have posters had experience hearing of an anonymous poster's online postings being discovered and used or is it just common sense?
They would have to prove that the anonymous poster is the defendant which is basically impossible.

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ResearchMed
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Re: Wife being sued after wreck

Post by ResearchMed » Tue Dec 04, 2018 4:28 am

HEDGEFUNDIE wrote:
Tue Dec 04, 2018 12:48 am
MrsBDG wrote:
Tue Dec 04, 2018 12:27 am
I'm curious, I often see people advised, as in this case, to not post details which could be used against them. Have posters had experience hearing of an anonymous poster's online postings being discovered and used or is it just common sense?
They would have to prove that the anonymous poster is the defendant which is basically impossible.
I suppose if the situation is extreme enough ($$ at stake) and the details "suspicious enough" (about being relevant *and* implying guilt/etc.), one party could get a court order to get the details from BH.
My understanding is that BH admin would not divulge this information for casual queries, but would (obviously, I think) comply with legally binding orders.
Whether the above would ever actually occur? Probably not likely, UNLESS the possibly incriminating post included specific locations or other searchable details such that Google/other searches uncovered it.
But still... why risk it.
Just make the details opaque enough so as not to be "helpful" to anyone who might want to seek such information IF it were helpful... That way, one can get assistance/advice, but not incriminate oneself.

RM
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Mordoch
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Re: Wife being sued after wreck

Post by Mordoch » Tue Dec 04, 2018 7:04 am

HEDGEFUNDIE wrote:
Tue Dec 04, 2018 12:48 am
They would have to prove that the anonymous poster is the defendant which is basically impossible.
Beyond it as noted actually being possible in a high enough stakes lawsuit, in any case where the defendant is on the stand, the other side's attorney could potentially question him on whether he made those posts and that person would be risking possible perjury charges if they lied about it at that point. (Having said this, there are limits to what could be useful information to the other side in a lawsuit, or as noted even enough information for a lawyer to figure out a poster is likely the defendant in a case.)

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Watty
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Re: Wife being sued after wreck

Post by Watty » Tue Dec 04, 2018 8:10 am

Mordoch wrote:
Tue Dec 04, 2018 7:04 am
HEDGEFUNDIE wrote:
Tue Dec 04, 2018 12:48 am
They would have to prove that the anonymous poster is the defendant which is basically impossible.
Beyond it as noted actually being possible in a high enough stakes lawsuit, in any case where the defendant is on the stand, the other side's attorney could potentially question him on whether he made those posts and that person would be risking possible perjury charges if they lied about it at that point. (Having said this, there are limits to what could be useful information to the other side in a lawsuit, or as noted even enough information for a lawyer to figure out a poster is likely the defendant in a case.)
I am not a lawyer but my understanding is that your insurance policy would also require that you cooperate with with the insurance companies lawyers and not do anything to screw up their defense so saying something like admitting fault at the scene of the accident or on the internet could give the insurance company a way to deny paying the claim.

Who is at fault can also be more complicated than it might seem too and it is not unusual for people to think they were at fault when the actual responsibility is split multiple ways and legally you might only be 65% responsable.

epoxyresin
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Re: Wife being sued after wreck

Post by epoxyresin » Tue Dec 04, 2018 8:44 am

I was sued after a wreck a few years ago. It took an annoying amount of time to finally be resolved (they were trying to settle with my insurance company for almost 2 years, and only sued when the statute of limitations was almost up). I had Geico, they assigned a lawyer who was in contact with me and the plaintiff's lawyers. It's possible if you get a judgement more than your limits that you could be on the hook, though my lawyer said that had never happened in their Chicago offices. My lawyer was very helpful about talking about the process and what to expect. He is paid by the insurance company, though ethically he's supposed to be representing me and not them. I figured my interests mostly aligned most of the time with the insurance company, so I didn't bother hiring an independent lawyer. I did ask about that, basically it sounds like your independent lawyer can't do a whole lot while the litigation is happening, basically just observes it and can write some letters to my insurance-company paid lawyer and the insurance company telling them to settle so there's less chance of an excess judgement.

I had to go to a deposition, talk a few times on the phone with my lawyer, and finally we went to a binding arbitration (with maximum/minimum limits) for the final judgement.

Frankly, it kind of seemed like a racket, my lawyer, the plaintiff's lawyer and the retired judge who was our arbitrator all knew each other well and were chit-chatting during the breaks. I get the feeling that they go through this kind of thing pretty frequently, and have gotten very efficient about it. Their lawyer gets a nice 30% cut, my lawyer gets paid by Geico to defend me, a retired judge gets paid to spend a couple hours listening to some people tell him about their car wreck, Geico foots the bill for it all.

I did get a fairly large judgement against me (high 5-figures), I was worried that Geico might drop my coverage or increase my rates a lot, but they did neither. I think it helped that the judgement was like 4 years after the collision. Also, the collision itself was pretty minor, there really wasn't that much damage to the cars, which I think is why they decided to fight it instead of settle.

toofache32
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Re: Wife being sued after wreck

Post by toofache32 » Tue Dec 04, 2018 9:19 am

HEDGEFUNDIE wrote:
Tue Dec 04, 2018 12:48 am
MrsBDG wrote:
Tue Dec 04, 2018 12:27 am
I'm curious, I often see people advised, as in this case, to not post details which could be used against them. Have posters had experience hearing of an anonymous poster's online postings being discovered and used or is it just common sense?
They would have to prove that the anonymous poster is the defendant which is basically impossible.
I've seen it happen twice in another medical related forum I participate in.

Chicago60
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Re: Wife being sued after wreck

Post by Chicago60 » Tue Dec 04, 2018 1:22 pm

epoxyresin wrote:
Tue Dec 04, 2018 8:44 am

Frankly, it kind of seemed like a racket, my lawyer, the plaintiff's lawyer and the retired judge who was our arbitrator all knew each other well and were chit-chatting during the breaks.
You would have preferred having the case go to (a publicly available) trial, and possibly be picked up by a reporter?

epoxyresin
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Re: Wife being sued after wreck

Post by epoxyresin » Tue Dec 04, 2018 1:38 pm

Chicago60 wrote:
Tue Dec 04, 2018 1:22 pm
epoxyresin wrote:
Tue Dec 04, 2018 8:44 am

Frankly, it kind of seemed like a racket, my lawyer, the plaintiff's lawyer and the retired judge who was our arbitrator all knew each other well and were chit-chatting during the breaks.
You would have preferred having the case go to (a publicly available) trial, and possibly be picked up by a reporter?
I mean, that would have been fine in my case. I preferred the arbitration because it was faster than a trial would have been, and obviously I am glad there was a high/low agreement in place so that my insurance limits weren't exceeded. I wasn't commenting so much on the arbitration in particular, just the whole process in general. My lawyer and opposing council were chit-chatting during the deposition too. Which like, rationally is fine. I'm sure they see a lot of each other, and there's no need to be personally antagonistic. It's just... I dunno, it seemed like a very efficient process for taking money from the insurance company and getting it into the pockets of lawyers.

Dottie57
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Re: Wife being sued after wreck

Post by Dottie57 » Tue Dec 04, 2018 1:56 pm

TheHouse7 wrote:
Tue Dec 04, 2018 12:12 am
ugaDAWGS09 wrote:
Mon Dec 03, 2018 11:55 pm
KlangFool wrote:
Mon Dec 03, 2018 11:48 pm
OP,

Do you carry an umbrella insurance? It is for an occasion like this.

KlangFool
I'm not familiar with an umbrella policy or how to purchase one.
Usually you can ask about one with your current insurance provider. Insurance companies usually require maximum liability insurance on auto before issuing an umbrella policy. They are very affordable ($150 a year for $1,000,000 in liability).
I had to up liability for house and car (not by much). Umbrella cost 300 to 400. Glad I did it.

jedblanks
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Re: Wife being sued after wreck

Post by jedblanks » Tue Dec 04, 2018 2:37 pm

epoxyresin wrote:
Tue Dec 04, 2018 1:38 pm
Chicago60 wrote:
Tue Dec 04, 2018 1:22 pm
epoxyresin wrote:
Tue Dec 04, 2018 8:44 am

.....My lawyer and opposing council were chit-chatting during the deposition too. Which like, rationally is fine. I'm sure they see a lot of each other, and there's no need to be personally antagonistic. It's just... I dunno, it seemed like a very efficient process for taking money from the insurance company and getting it into the pockets of lawyers.
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deltaneutral83
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Re: Wife being sued after wreck

Post by deltaneutral83 » Tue Dec 04, 2018 4:14 pm

Wouldn't you (and your insurance company) just assume you were going to be sued at the limits of your state (2/3 years or whatever) once you did not receive the confirmation of settlement from your insurance company? I know in rare cases they can settle and still come back to your insurance company but that is rare, insurance companies seem to do a good job of tying up loose ends to make sure that doesn't happen, as your own interests are aligned with the ins company's.

I had a very minor accident years ago where I was on top of my insurance company to tell me and update me of when they settle with the guy I hit for both his vehicle and any medical bills. It was never going to be anything major and I was fully insured but I wanted to know when settlement happened and got confirmation the day afterward.

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Re: Wife being sued after wreck

Post by LadyGeek » Tue Dec 04, 2018 4:37 pm

The OP has removed the post content to remain anonymous, there's no point to continue.

ugaDAWGS09 - If you have any questions, please PM me.

(Thread locked to end the discussion.)
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