If my mom was driving my truck and hit a motorbike, can I be sued for more than what my insurance will pay them?
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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 13 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.
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