Auto Insurance Claims: Rear Ended someone, Bodily injury liability, limits of liability coverage

Question
I recently rear-ended someone, it was totally my fault. I didn't call the police, and the person in the other vehicle did not have a license. My insurance handled his damage, but now they are claiming physical/medical damage. What happens next? His Attorney is supposed to call me or something, not sure what to expect. Could my wages be garnished? Property taken?

Any help would be great. Thanks.

Answer
Mike,

Understand I am not an attorney and do not provide legal advice.

The likelihood of you having any personal responsibility lies with a couple issues:


1: Your policy's monetary limit for bodily injury (the maximum your insurer will pay for injuries to others#. If you have sufficient coverage to settle the matter your insurer should be able to do so and on your behalf obtain a release of all future claims in this matter.

2: Only if a judgement against you is awarded by the courts would you likely have any personal exposure and financial liability. If this were to happen, the laws within your state would apply and my not being familiar with them, it would be hard for me to say what may occur. In some instances, should a judgement be awarded against you, you may be susceptible to having personal assets attached/or garnishment of your wages.

I would suggest you maintain contact with your insurer and assist them however you may #you are likely contractually obligated to do so anyway). Should you receive a reservation of rights letter from them or a notice of demand for excess of limits, you may wish to consider having a consultation with legal counsel of your own selection to ensure the insurer is working in your best interest and not merely their own.

Hope this helps!