If I got into an accident with a motorcycle and the rider was injured, what happens if I’m sued and can’t pay?

UPDATED: Jul 13, 2012

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If I got into an accident with a motorcycle and the rider was injured, what happens if I’m sued and can’t pay?

I got into a car accident with a motorcycle. I got a ticket for failing to yeild turning left. I just went to traffic court a month after the accident and found out the guy on the motorcycle is still in the hospital with spinal injuries. I have insurance but no other assets or anything. I’m sure I’m going to get sued, what’s my worst case scenario? What should I expect?

Asked on July 13, 2012 under Accident Law, Illinois


Leigh Anne Timiney / Timiney Law Firm

Answered 10 years ago | Contributor

Generally, if the injured motorcyclist files a claim for injuries with your auto insurance, your auto insurance will compensate him for his injuries.  If he has significant injuries, your auto insurance will likely have to pay out your policy limits for bodily injuries.  Once that happens, the injured driver will have to sign a release, releasing you from any future liability for their injuries, meaning they cannot then come after you for anything above and beyond what your insurance paid.  The injuried motorcyclist could sue you rather than making a claim with your insurance company, but if you don't have significant assets, this would not be very profitable for them.  

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