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What Happens If I Lose An Amount at Trial Greater Than My Insurance Coverage?

I caused a car wreck and the other party was hurt.  I really don’t know how badly she was hurt but her medical bills are $40,000.  The case goes to trial in about 3 weeks.  My lawyer, who was hired by my insurance company, says that the case will probably go to trial because the person who got hurt wants $125,000 to settle the case and the insurance company has only offered $80,000.  I only have $100,000 of insurance for this wreck.  What happens if the case goes to trial and the jury awards the lady who got hurt more than $100,000?

If the jury awards, say, $120,000 your insurance company will have to pay $100,000 and you will have the responsibility of paying the last $20,000. 

When you are sued for more than your insurance policy limits you should typically seek the input of a private lawyer to help you make sure that your insurance company is treating you fairly.  Your company has a duty to fairly evaluate claims against you to protect you from an excess judgment.   I do not have enough information to say if your insurance company is treating you fairly in this case but I would suggest that you seek the advice of a competent lawyer as soon as possible.

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