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Assuming that you are referring to liability insurance, the general answer, subject to the law of the jurisdiction, is "Yes". This presumes the legal, provable damages exceed the policy limits, rather than a claim made at the "I want" stage of things.
A factor that is important to remember is that a liability insurer has an obligation to resolve a claim on behalf of an insured within the policy limits if it is all possible to do so. This generally translates into a scenario where, if the claimed damages may reasonably be expected to exceed policy limits (for example, if the case goes to a jury), but the claimant is willing to accept policy limits in full settlement and release the insured from further liability, the insurer has an obligation to settle within limits. By so doing, it is protecting the insured from individual liability for an "excess" verdict, and is fulfilling its duty of "good faith".
Many States have statutes (written laws) that provide a process by which an insurer may be held liable for an excess verdict. If it is shown that the insurer did not act in good faith by settling within policy limits when it had the opportunity to do so, the insurer may be held responsible for amounts in excess of its policy limits. Those amounts may include the full amount of the verdict, damages to the insured that proximately flowed from having the excess verdict/judgment entered (such as damage to credit), attorney's fees, and depending upon the jurisdiction, other categories of damages.
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∙ 13y ago
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What insurance company is liable if a pedestrain is hit by a car?
The driver who hit the pedestrian is liable, not their insurance company. The drivers insurance company will normally be responsible for payment of valid claims up to the policy limits for which the their insured driver is found liable.
Is the insurance company liable to replace a stolen car with only liability insurance?
If you only carry liability insurance, that is all that the insurance company is liable for in this state.
How much can you be liable for an at fault accident with 2 parked cars. Your coverage is 5K liability and you estimate the repair cost to be 15K. Will the other guys insurance companies go after me?
Your financially liable for all damages and associated losses. Whatever that amount happens to be. Your insurance policy will pay up to it's policy limits.
If the driver of a car is liable for an accident who is liable the owner of the car or the driver's insurance company?
The owner of the car is liable for the accident itself and the damage. However, the insurance company might have to pay for it, depending on the owners insurance cover.
Is a cosigner liable for a death if the car has no insurance?
No, a co signor would not be liable. A co-buyer would be liable.
Who would be liable if you were driving a friend's vehicle and got into an accident and they did not have insurance?
The driver's insurance would then be considered "secondary," meaning if the owner of the auto didn't have insurance, then if the person driving the car had insurance, they would be liable.
What is a good sentence for the word liable in it?
You are liable to pay for the damages on your property because of your lack of insurance.
If your car is hit and you have no insurance is the other person liable for damages?
If someone causes damages to your property, they are liable. This means, however that you have to deal with their insurance company directly, rather then your insurance company doing it for you.
Who's liable for 29 year old daughter who owns her own car but is on family insurance?
The owner of the vehicle please the people on the insurance policy are liable.
Who is liable if your son wrecks your auto?
If it was his fault then he is or your insurance if he is included on it.
What if Medical costs exceeds 300K for one person in a car accident?
If your policy limit is 300k then the insurance company will pay them that portion and you will be liable for the rest. If you really want to cover yourself for more than those limits, I would purchase an umbrella type policy that covers over the policy limits.
If a tree does property damage who is liable?
Mother Nature would be the liable party, Unfortunately, she does not carry insurance. If your property is insured, Then your property Insurance Policy will cover the cost of damage repairs.
