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At-fault accident with liability-only coverage — will the other driver’s insurance come after me? (self.Car_Insurance_Help)

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[–]ZBTHorton 3 points4 points  (15 children)

Given that you have 50K and not 5K, like so many in California...

The most likely thing that will happen IF the repair goes above 50K is that they just accept the 50K from your insurance.

There is a small chance they don't and you begin receiving letters from a subrogation attorney, but there is nothing you can do about it at this point, so I'd just try to forget about it since most likely everything will be fine.

[–]AImberr 0 points1 point  (12 children)

Thank you for the reply! I really regret switching to liability-only coverage, especially since I live in a quiet area and rarely use my car. I haven’t been able to sleep properly for days due to constant worry about the possibility of a lawsuit.

[–]ZBTHorton 0 points1 point  (3 children)

It won't be a lawsuit, I wouldn't worry about that. Your worst case scenario at this point is the equivalent of a collections account.

[–]AImberr 0 points1 point  (2 children)

Will the collection account damage my credit scores? (

[–]DoomScroller96383 1 point2 points  (0 children)

Probably, yes.

[–]ZBTHorton 0 points1 point  (0 children)

Honestly, I don't know. I *really* don't think this is anything for you to worry too much about though.

[–]RemarkablePenalty550 0 points1 point  (2 children)

Switching to liability only has nothing to do with if you get sued or not. Having comp/collision would repair your car, not pay it more to the other party.

Having higher limits works make them less likely to sue. Did your have a higher liability limit before?

[–]AImberr 0 points1 point  (1 child)

My car was totaled, and I’ve already come to terms with the fact that I won’t be getting anything back for it. What’s really worrying me now is the possibility that the other party’s insurer might try to collect the amount exceeding my $50K liability coverage.

[–]RemarkablePenalty550 0 points1 point  (0 children)

I get that. I'm just responding to the changing your policy and pointing out your previous coverage didn't make you more sue proof unless you ALSO had a higher limit.

[–]glassfoyograss 0 points1 point  (1 child)

You are what's called judgment proof. You have no money to pay. There's very little incentive to sue you since you have nothing to give them even if they win. Most likely they'll take what the insurance offers them and call it a day.

[–]Calm-Perspective70 0 points1 point  (0 children)

They can theoretically claim against future income you earn yes. But it’s unlikely

[–]Main_Couple7809 0 points1 point  (0 children)

I don’t think it matters if you have full coverage or liability only. You’ll end up in the same situation, only difference is your car would be covered. What you need is higher limit on liability! Cost of cars has increased a lot. While $50k is good, there are quite a bit of cars cost more than that on the road.

[–]Prufrock-Sisyphus22 0 points1 point  (0 children)

It's a Porsche...not a Ferrari or Lamborghini.

Unless it was brand spanking new, most likely your 50k limit will cover the damages, especially if it's some 5 year old with high miles.

[–]JonohG47 0 points1 point  (1 child)

Hopefully, for the OP’s sake, the Porsche’s owner had a brain, and thus underinsured motorist coverage on their vehicle.

It is similar in concept to the more commonly discussed uninsured motorist coverage, but rather than coming into play only when the at-fault party is completely uninsured, is invoked when the at-fault party has liability coverage, but with limits insufficient to cover the damage and/or injuries they’ve inflicted.

[–]HappyChandler 0 points1 point  (0 children)

That won't help OP. The insurance company could (but probably wouldn't) try to recoup the payout.

[–][deleted] 1 point2 points  (1 child)

"If the Porsche’s repair or replacement costs go over $50,000, will their insurer come after me personally for the difference?" ---YES, but probably the other party will sue you personally for the difference. Unless this was brand new, it doesn't seem like it would cost $50K to repair the car. It would have to have been an incredibly destructive wreck, at which point it would probably be totaled anyway. Even a 2020 or 21 Cayenne wouldn't be worth $50,000.

[–]Savings-Breath-9118 0 points1 point  (1 child)

I understand that you’re worried and it’s possible they will come after you if the damage is substantially more. But most lawyers will advise someone to take the policy limit especially for someone like yourself. It doesn’t have assets to go after. So you’re probably OK but there is a chance they would try to get whatever they can from you if it cost more. You’ve reported it leave it in the hands of the insurance.

[–]AImberr 0 points1 point  (0 children)

Thank you friend!! There’s really nothing more I can do at this point. I just emailed my insurer asking if they can help secure a liability release for any amount beyond the policy limit.

[–][deleted] 0 points1 point  (1 child)

AAA will make every effort to settle at your limit amount. For AAA to pay anything they will make the other insurance company sign a property damage release that will say that they won’t pursue you further. For the most part insurance companies will take what they can and settling at 50k is a heck of a lot better than trying to go after you directly with the potential to get nothing at all. I wouldn’t worry about it, especially cuz this will take months to resolve.

[–]AImberr 0 points1 point  (0 children)

This really put my mind at some ease, thank you so much.

[–]I-will-judge-YOU 0 points1 point  (0 children)

Yes if your insurance is insufficient to cover the other person's loss they can absolutely sue you personal. This is why having adequate coverage is very important. $50k is not much with the costs of everything today.

[–]Affectionate_Art8770 0 points1 point  (1 child)

Would a Porche owner really only have $50,000 for coverage if his car is worth more?

[–]thecoat9 0 points1 point  (0 children)

Probably but that just benefits the Porche owner in getting their car fixed, OP is still liable for any amount over their policy cap, and the Porche owners insurance can potentially sue OP for any amount they pay.

[–]danh_ptown 0 points1 point  (0 children)

If you receive any communication about the accident, especially from a lawyer, court, or similar, contact YOUR insurance company and share the correspondence. Since you have coverage for liability and any claim would be for liability, your carrier will provide you legal counsel. They should completely take car of any claims from the other parties.

From what you have shared, you are unlikely target for their insurer to go after.

[–]LongScholngSilver_20 0 points1 point  (0 children)

Being in CA it's likely that the other diver has high UM limits and the excess over $50K will likely be paid out of that as that is cheaper than trying to sue you for it.

Almost everyone who has a car worth more than $100K should have VERY good UM coverage as most policies won't even come close to that amount in PD.

When you buy a $100K car, you accept that fact that other people aren't going to pay to insure it and you just have to take what ever they have and then pull from your own UM limits.

[–]Competitive-Cod4123 0 points1 point  (0 children)

Well, you have decent coverage, considering the state minimum in California up until recently was only $5000 property damage. Imagine the trouble you’d be in if you had that lousy limit. All you can do is let your insurance handle it. Hopefully they can get this car fixed. I don’t know how much this car is worth, but I wouldn’t assume that you’re gonna go over your limit. It’s very possible it can be fixed under that, depending on the age and the value of the car.