Auto Insurance Claims: Im being sued for an obscene amount after an auto accident., boundary fence, umbrella policy

Question
On August 13th, 2009 I was involved in an auto accident.  The other driver impacted my car on the passenger side evenly with the tire.  My 2004 Avalanche was spun 270degrees and his vehicle proceeded across the 3 lanes, over the curb, and against a boundary fence separating the city from the freeway.  I was interviewed by the police and submitted willfully to a BAC test, with the knowledge that I had consumed one beer with dinner.  The other driver was taken to the hospital by ambulance, having sustained 'major head injuries' (The extent of his injuries is still unknown to me.  My blood was not drawn for close to 2.5 - 3 hours after the accident took place, putting my time frame after the 1 beer at 3.5-4 hours.  The police were exceptionally rude to both my passenger and myself, and refused to answer any of my questions regarding their investigation into the accident when trying to determine what happened.  At that time and as of now I am still completely positive that I had a green light.  When I eventually received the police report, there was no data for the BAC test administered to me, and no information on any similar testing on the other driver.  Now just over 3 months later I received a service.  I am being sued for over 1.5 million.  The other driver attained a lawyer and is suing under a 'pain and suffering' case, claiming that I 'willfully and deliberately became intoxicated by one 12oz beer, and proceeded to drive illegally while under the influence of alcohol'.    I'm over the age of 21, and I know for a fact that one 12 oz beer would not put me over the .08 BAC limit of California.  He is suing me for $1,000,000 in pain and suffering (loss of wages/property), $127,584 in medical bills, and $500,000 in future medical bills.  My insurance has an umbrella policy protecting me up to 1.1 million.  My intuition tells me that his case is built upon quicksand, but I am concerned about the fact that he even has the information about my having had a beer at dinner, him attempting to sue for even more than my umbrella coverage, and the viability of me attaining an attorney other than what my insurance provides me.  With the attitude displayed by the police at the scene, after the accident, and at all times afterwards I felt concerned that the case was not being investigated with due diligence.  Some how the other driver learned that my father is a doctor, and learned about my beverage.  Both things were not included in the police report.  The night of the accident however, before the investigation was anywhere near completed, the police did release a statement to a local newspaper already stating that I had run a red light and was driving recklessly.  Is it likely that the police gave more information to the other driver than they did to me?  What other steps can I take to ensure that this other driver won't succeed in this money-grab? (From undisclosed sources I discovered that he spent less than 8 days in the hospital.)  Should I consider suing the police department/officer that made statements before they should have been available for lible/slander?  Is there a way for me to counter-sue?  

Answer
JM,

Your case shouldn't really be handled in an open forum such as this one.  It sounds to me like you probably have enough coverage although there's no way I can tell without seeing the other driver's injuries.  I would talk to the defense attorney assigned by your insurance company and feel him out.  Try to determine from your defense counsel if the other driver's case has any real merit - especially if it could go up and over your $1.1M limit.  You can always retain your own private counsel to make sure you're covered.

I can't really comment about the information released by the police since I know nothing more than what you told me.  However, it's likely that the other driver's attorney saw the comment in the paper and the large insurance policy and is mounting an aggressive prosecution of the matter.  It might be built on quicksand.  On the other hand, an 8 day hospital visit would lead someone to believe that this was a serious injury.  You really need to try to get an "off-the-record" analysis by your defense counsel.  He'll be inclined to make it seem as serious as possible to cover his own rear.  However, you could ask him off the record if the case has a real chance of exceeding your substantial policy limits.

Best regards,

Ernest Ferraro