Quote:
Originally Posted by BleedingRed
First if you had insurance they cannot sue you because you are indemnified. Your insurance company cannot bail out and say they won't cover the cost. She won't be awarded 100k based on statue of limitations.
But if you really wanna **** her, sue her ass back for emotional damages.
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What are you talking about? Do you play an attorney on TV or something? Seems like you are not using some of the legal jargon correctly.
Anybody can sue anybody. You can sue somebody who has insurance - it's just that the liability carrier will defend the case on your behalf. You also aren't using indemnified correctly in this case.
His insurance company will defend the case. Nowhere did they say they wouldn't - they sent him a letter because the other party was claiming an amount in excess to his liability limits.
Statute of limitations does not have anything to do with what someone will be awarded. Statute of limitations is basically how long you have to sue someone. Statute of limitations depends on the state - and is different depending on if the suit is property damage or bodily injury. If this suit was brought forth before the statute of limitations expires in the original posters state - all is fair game.
And sue her back for emotional damages? What emotional damages? He was at fault for the car accident. He doesn't even have any bodily injury. You will not have any success in doing that.
So much fail in your post.