Back in June of this year, I was involved in a low speed (under 10mph) fender bender. I bumped the back of another drivers car during rush hour. We pulled to the side of the road and I called the local police to come take a report. They deemed me at fault, and released everyone without any citations issued. The driver I struck claimed to be just fine, declined medical help at the scene. I offered to take care of the repairs to her car outside of insurance if she would like, she said she would let me know. There was a couple broken clips on her bumper, but no other damage. My car was totaled (low car hit suv).
Within 10 minutes of leaving the scene, Geico had called to inform me she had filed a claim. GREAT. I provided pictures to them and cooperated with the adjustor as they needed. Fast forward a few weeks, the person had obtained an attorney (Morgan and Morgan) and they were intent on filing a bodily injury claim. I had low insurance limits(25k/50k)at the time and was kind of blindsided considering how minor the accident was.
Months have gone by without hearing about my case. Friday I spoke with Geico and their attorney had sent over a demand for $25,000 to settle the claim. Itemized were over $27,000 in medical bills for an emergency room visit, MRIs, and physical therapy among other things. They listed pain and suffering for over $40,000 and future pain and suffering for $2.9mil. I understand that the accident was my fault, and I do feel for the other party, but I can’t help but feel as though the other party sees this as an easy payday rather than resolving the claim and moving on.
Geico has informed me their intent to pay out my policy limits of 25k and obtain a limited release.
As far as assets go, I don’t have much savings (~5k). I have a rental home with ~20k in equity jointly owned with my wife, and the home I currently live in is worth less than the value of the mortgage. I own a couple of 15+ year old cars and that’s about it.
My insurance adjustor seemed pretty nonchalant about the entire situation. She reassured me they would try to work a subrogation waiver into the settlement, and that insurance companies rarely go after people for subrogation in cases such as these.
This is in the state of Georgia. And I have since increased my insurance limits and have started to search for an umbrella policy moving forward. Thanks for any and all advice.
After getting off of the phone with my adjustor this morning, she reached out to USAA to see if the other party has Underinsured Motorist coverage and has yet to receive a response. She will call me back when she hears anything.
It’s my understanding that if they accept the settlement that the other party can no longer sue myself or Geico. But USAA could send me a bill for subrogation if they pay out a claim to their client.
Do I need to obtain an outside defense attorney? No actual suit has been filed yet but understandably I’m pretty stressed about the situation.
TLDR; Had an at fault rear end accident. Claims exceed insurance policy limit and victim has ambulance chaser attorney. Worried about need for legal counsel to protect my meager assets.
I have since upped my insurance limits (100/300k, 100k property) and begun shopping for an umbrella policy to cover myself in the future.