If my mother had an accident with my car, what happens if the other driver’s claim exceeds our insurance limits?

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If my mother had an accident with my car, what happens if the other driver’s claim exceeds our insurance limits?

I live with my mom and she got into an accident in my car, which is covered under her insurance. She was found to be at-fault and the other driver was hurt. What she is asking for could possibly exceed our insurance limits, Can they sue me for the difference?

Asked on August 11, 2014 under Accident Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, they can sue you for the difference. Your insurance limits do *not* limit how much you may be sued for; rather, they limit how much protection you have. A person injured by you or anyone driving your car with your permission may sue you for any amount which is supported by the extent of their injuries and medical costs, even if it exceeds your coverage; you will have to pay any amounts over your coverage personally if they sue you and win.


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