What are my rights if I’m being sued regarding a car accident but my insurer is not giving me full coverage?

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What are my rights if I’m being sued regarding a car accident but my insurer is not giving me full coverage?

I was driving home on the freeway from getting a Christmas tree; the lot I purchased it from had tied it to the roof of my car. I was about a mile from my exit when I heard a snap and saw the tree fly off my car via the rear view mirror. I immediately pulled over and attempted to retrieve it. However, there was too much traffic, so instead I turned my car so that my headlights would shine on the tree. Unfortunately, 6 cars hit the tree before I was able to get it off the road and only the very last person to hit it is not claiming any injury or damage. The first car to hit it snapped the rebar stand off the tree, cars 2 through 5 tore branches off leaving the third car with a flat tire, and the sixth car slammed on their brakes before running it over. The highway patrol concluded that the sixth car was at fault because they were driving unsafe for road conditions, the tree was in the road, it didn’t hit/fly into anyone’s car, and several other cars were pulled over on each side of the road before the sixth car

hit it. I am still dealing with this months later. My insurance company did pay out $2,000 for damage in an arbitration meeting and also paid $187.37 for the cost of the rental care. However, they are denying any further claim because the investigators determined I was not at fault. Yet, the individuals are claiming injury even though their Facebook posts indicated the only injury was their daughter’s neck from the mother slamming on the brakes when she saw the tree before she hit it. They also filed the injury claim after a ski/sledding trip they took 3 weeks after the accident. I am getting letters from their lawyer about them coming after my car and my wages if I lose in court and I don’t know what to do. I haven’t been working because my child was hospitalized and almost died. I feel harassed but I am also concerned. I immediately contacted my insurer when the incident happened and I had full coverage. What’s the point of having all that when I am still being sued?

Asked on April 1, 2017 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are being sued because the case was not settled with your insurance company.
Your insurance company will provide you with an attorney at no cost to you.
In the event of a court judgment against you in an amount you cannot afford to pay , it would be advisable at that time to filebankruptcy.
Chapter 7 bankruptcy is straight liquidation which will eliminate that debt.


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