Sued?

by Fiona

Hello - My husband had a minor accident (determined his fault) in 11/08. It turned out that the other driver had a back injury that could not be proven to be pre-existing.

Our insurance settled at the legal limits (maximum) and had him and his insurance agent sign a release of liability for everyone else involved. Can he still try and sue us?

Answer:

Hi,

WOW, I am sorry to hear about your accident. It is interesting that this was a minor accident and your insurance company paid limits. That almost never happens.

Your insurance company has a duty to settle within policy limits to secure a release of any and all claims against you. They must secure this in exchange of payment. It appears that they did just that. If that is the case you are safe. No one can come back later and go after you personally. Also, if your insurance company did not secure a release or the release that they have is not a good one (they can mess it up), the insurance company must defend you again!

It sounds like you are safe.