If I caused an accident with bodily injury to a motorcyclist and my insurer paid out their maximum but now the cyclist is suing me for more, what can they do?
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If I caused an accident with bodily injury to a motorcyclist and my insurer paid out their maximum but now the cyclist is suing me for more, what can they do?
I do not have any money, have not worked, and do not have any items.
Asked on July 27, 2019 under Personal Injury, New Mexico
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Assuming they can prove the damage, medical bills, and/or personal injury you caused, they can get a judgment against you for all amounts in excess of what the insurer paid. Example: say they can prove you caused property damage, medical bills, lost wages, and/or "pain and suffering" (e.g. disability) equivalent to $250k, and you only had $50k of insurance, which the insurer paid out. They can get a judment against you personally for the other $200k.
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