If your car insurance payout and policy limit is not high enough to pay for the victim's damages, you can expect that you may be named in a lawsuit. At this point, you would need an experienced defense personal injury lawyer to help tell your side of the story. Hiring the right defense personal injury lawyer, such as the attorneys working at Morgan & Morgan, is extremely important if the question of fault is up for debate.
If you live in a comparative fault state, for example, and you're able to show that the other person was the primary contributor to the accident, then you may not be held responsible for their damages. If they are even partially at fault for the accident, their damages are reduced accordingly if you live in a comparative fault state. For example, if the other person is found to be 25% at fault for the accident, they may still be entitled to damages, but depending on the scope of their injuries and your car insurance policy coverage, this can greatly reduce the total payout owed to that victim.
This may help you avoid facing any personal asset loss, such as your home, in a lawsuit. A plaintiff may choose to take you to court if they have substantial damages, but it is still their responsibility to show that you are responsible for the accident and that their damages are directly related to injuries sustained in that accident.
Hiring the right personal injury attorney to represent you, especially in those cases where fault is in question, is vitally important for making a strong claim. You may need to show that the other party's injuries are not as severe or that they have preexisting conditions that are the root cause of their pain rather than the accident itself. All of these are complex issues that play out in personal injury lawsuits and retaining the right lawyer is of utmost importance.