Can someone sue me after providing a claim to my insurance following an accident?

I was making a right turn after stopping at a stop sign, a bike hit my front bumper passenger side. He fell on the floor and requested an ambulance claiming he could not move. No ticket was issued but officer says according to florida law I may be at fault. Days after, the insurer sent a letter saying that my coverage may not be sufficient to cover the claim and that if I need to contact a lawyer in case I get sued to let them know. What are my options?

Asked on August 16, 2018 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your insurance only pays out up to the limits of your policy. If someone believes they were injured for more than that--that the value of the "pain and suffering" they incurred, plus lost wages or earning potential, plus medical bills--is more than that, they can certainly sue you for the amount exceeding your coverage. For example: you have a $25,000 policy, but someone suffers permanent spinal or nerve damage and seeks $500,000 from you; even after your insurance pays $25k, you'll owe $475k (asssuming they can prove their case against you) and can sue for that amount.
If you are sued, if it's for more than the small claims threshold, hire a lawyer to help you; if the amount is under small claims, it makes more economic sense to represent yourself.

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