If you're involved in a car accident and the other party sues you, your car insurance may cover some of the costs associated with a civil lawsuit, but it's not a guarantee.
Typically, liability insurance covers damages to the other party's property, medical expenses, and lost wages, up to the policy's limits.
In some cases, your insurance may also cover your attorney fees and court costs, but this varies by policy and provider.
It's essential to review your policy to understand what is and isn't covered in the event of a lawsuit.
Does Car Insurance Cover Civil Lawsuits?
In most cases, car insurance will cover the costs associated with civil lawsuits resulting from accidents, but the extent of coverage varies by state and policy.
Car insurance policies usually provide liability coverage, which can help pay for damages and medical expenses in the event of a lawsuit.
The average cost of a civil lawsuit can range from $10,000 to $50,000 or more, depending on the severity of the damages and the jurisdiction.
If you're found liable for damages in a civil lawsuit, your insurance company may cover some or all of the costs, but you may still be responsible for paying the deductible.
Some states, like California, have laws that limit the amount of damages that can be awarded in a civil lawsuit, which may impact the amount of coverage provided by your insurance policy.
A good rule of thumb is to review your insurance policy and understand what is covered and what is not, so you're not caught off guard in the event of a lawsuit.
Types of Financial Coverage
In Florida, you're required to have at least $10,000 in Property Damage Liability insurance and Personal Injury Protection coverage. This is a must-have to protect your finances in case of an accident.
Liability insurance is the most basic type of insurance coverage and helps cover the other driver's costs if you cause an accident. This can include medical bills, property damage, and legal fees.
Collision insurance pays for repairs to your vehicle after an accident, regardless of who caused the collision. This is especially important if your car needs to be fixed quickly without draining your savings.
Comprehensive insurance covers damage to your vehicle from non-collision events like theft, vandalism, or natural disasters. It helps protect your finances by covering repair or replacement costs unrelated to an accident.
Uninsured/Underinsured Motorist Coverage protects you if you're in an accident with a driver who doesn't have insurance or doesn't have enough to cover your losses. This ensures you can still receive compensation for your injuries and property damage.
Here are the types of financial coverage you can purchase to protect yourself:
Property Damage Liability insurance will reimburse the costs to restore your vehicle to its pre-accident condition, such as bodywork, paint, parts replacement, and mechanical fixes.
What to Do If Sued
If someone sues you for a car accident, your first step should be to contact an attorney immediately. The sooner you get legal help, the better your chances of protecting your rights and interests.
You'll need to gather evidence to support your case, which your attorney can help you with. This may include gathering witness statements, photos of the accident scene, and any other relevant information.
If you're sued in Florida, your insurance will cover the other driver's losses up to the limits of your policy, but only if you caused the crash. To qualify for this coverage, the other driver must prove that you were at fault.
The other driver must meet specific requirements to step outside Florida's no-fault system and file a lawsuit against you. These requirements include proving that their injuries resulted in permanent and significant loss of an important bodily function, or that they suffered a permanent injury other than scarring or disfigurement.
If the other driver meets these requirements, your insurance will only pay for their losses up to the limits of your policy. If their losses exceed your coverage, you might have to pay for their injuries out of pocket.
Here are the specific rules that allow someone to step outside Florida's no-fault system and file a lawsuit against you:
- Their injuries resulted in the permanent and significant loss of an “important bodily function.”
- They suffered a permanent injury other than scarring or disfigurement.
- Their injuries resulted in permanent, significant disfigurement or scarring.
- The injured party’s injuries proved fatal.
Suing Beyond Policy Limits
If you're involved in a car accident in California and the insurance payout falls short of your actual damages, you can sue the person responsible for the accident. This type of lawsuit is called a personal injury lawsuit.
You can sue for the full extent of your damages, even if it's more than the auto insurance policy limits. The defendant may be liable to pay through their income, savings, and assets. Additionally, your own uninsured or underinsured policy, or the defendant's umbrella coverage, may provide compensation.
You can pursue compensation against anyone liable for the accident, including multiple parties at fault. In some cases, the insurance company may be liable for the full judgment even if it exceeds policy limits, especially if they acted in bad faith.
A settlement may exceed policy limits if the defendant has personal assets to satisfy a judgment. However, it's rare for settlements to exceed policy limits. Insurance companies are more likely to be found liable for the full judgment if they failed to act in good faith and settle the claim within policy limits.
Here are some reasons why you might need to sue beyond policy limits:
- Defendant's assets: The defendant may be liable to pay through their income, savings, and assets.
- Umbrella coverage: Additional insurance that covers a variety of circumstances.
- Uninsured/underinsured policy: You may have selected this additional coverage that can provide compensation.
- Other parties with liability: You may pursue compensation against anyone liable for the accident.
In California, an insurance company that refuses to settle a claim in good faith may be liable for the full judgment at trial, even if the amount exceeds policy limits. This is why it's essential to make the appropriate request for the insurance company to disclose policy limits and to document their responses.
California Policy Disclosures
In California, insurance companies must follow specific rules when it comes to disclosing policy limits after an auto accident. California Insurance Code § 791.13(a) requires the insured to provide written consent before disclosing policy limits in response to a pre-litigation request.
If the insurance company doesn't ask for permission to disclose policy limits, they may be acting in bad faith. Bad faith liability can be significant, and if found, the insurance company may be liable for the entire judgment, even if it exceeds policy limits.
A court case, Aguilar v. Gostischef, demonstrates the importance of requesting policy limits. The defendant had a $100,000 policy limit, but the victim's medical expenses totaled $507,718. The victim requested policy limits to aid in making a settlement offer, but the insurance company didn't respond, leading to a lawsuit and an excess verdict of $2.3 million.
California Policy Disclosures
In California, insurance companies are required to provide written consent before disclosing policy limits in response to a pre-litigation request.
You'll need to make the request for policy limits in writing to ensure the insurance company complies with the law. If they don't ask for permission to disclose policy limits, they may be acting in bad faith.
Bad faith liability can be significant, and if found, the insurance company may be liable for the entire judgment even if it exceeds policy limits.
If the insurance company refuses to disclose policy limits and you're found to have suffered significant damages, you may be able to claim compensation exceeding policy limitations. This is what happened in the case of Aguilar v. Gostischef, where the victim was awarded $2.3 million in excess of the policy limit.
You can't assume the insurance company will voluntarily disclose policy limits, so it's essential to make the request in writing to avoid any potential issues.
Florida's Role
Florida's no-fault insurance system changed, requiring registered car owners to carry Personal Injury Protection (PIP) insurance that pays their medical expenses and some lost wages, regardless of who caused the accident.
In Florida, PIP insurance pays for initial medical care and other costs up to a certain limit.
This system changed how drivers initially pay for injuries sustained in a car accident, and now PIP insurance covers those costs.
Drivers in Florida must carry PIP insurance, which pays their medical expenses and some lost wages after a collision.
Florida's PIP insurance system can help prevent drivers from paying overwhelming costs themselves, but additional insurance coverage is still crucial in case of severe injuries.
Exceeding Policy Limits
You can sue for the full extent of your damages allowed by law, even if it's more than your auto insurance policy limits. This is because the defendant may be liable through their personal assets.
A defendant's assets can be used to pay for damages, including their income, savings, and assets. Umbrella coverage, which is optional but common, can also provide additional compensation.
You may have selected an uninsured or underinsured policy that can provide compensation if the other party doesn't have insurance or doesn't have enough insurance to cover your damages.
Other parties with liability can also be pursued for compensation. In a situation where multiple parties are at fault, you may be able to collect from each of them.
Although auto accident settlements rarely exceed policy limits, it's not impossible. A settlement may exceed policy limits if the defendant has personal assets to satisfy a judgment.
In California, an insurance company that refuses to settle a claim in good faith may be liable for the full judgment at trial, even if the amount exceeds policy limits.
Sources
- https://doi.sc.gov/983/FAQs-Auto-Insurance
- https://sepulvedalawgroup.com/will-insurance-cover-your-car-accident-in-california/
- https://www.jurewitz.com/articles/can-someone-sue-you-for-a-car-accident-if-you-have-insurance/
- https://lacenturylaw.com/can-you-sue-for-more-than-insurance-limits/
- https://www.vilesandbeckman.com/faq/what-role-does-car-insurance-play-car-accident-lawsuit/
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