If my mom was driving my truck and hit a motorbike, can I be sued for more than what my insurance will pay them?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my mom was driving my truck and hit a motorbike, can I be sued for more than what my insurance will pay them?

We have full coverage but is there anything that I can be liable for?

Asked on April 4, 2011 under Accident Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Insurance does NOT limit what you can be sued for--it merely provides a way to pay for attorneys and pay any awards or judgments against you, up to the limits of the policy. You can be sued for any provable damages, regardless of your policy, and would be liable for any amounts over what your insurer pays.

For example: say you have $25k of liability insurance, but the plaintiff (person suing) incurred $50k in medical bills, lost $10k of wages, and has $40k of pain and suffering (i.e. a jury would award him that much). You can be sued for the full $100k. Your insurer would, assuming you did not violate your obligations under the policy, pay $25k; the other $75k would be something you'd have to pay.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption