A TRADITION OF SUCCESS
  • Se Habla Español
  • News & Blog

Murphy & Landon

  • About
    • About Murphy & Landon
    • Results
  • Lawyers
    • Francis J Murphy
    • Roger D. Landon
    • Jonathan L. Parshall
    • Philip T. Edwards
    • Lauren A. Pisapia Cirrinicione
  • Practice Areas
    • Auto Accidents
    • Personal Injury
    • Crime Victims
    • Medical Malpractice
    • Nursing Home Liability
    • Wrongful Death
    • Insurance Bad Faith
  • News & Blog
  • Contact
Call: 302-472-8100
  • Home
  • Car Accidents
  • What Happens When You Have to Pay a Plaintiff More Than Your Insurance Policy Will Pay?

What Happens When You Have to Pay a Plaintiff More Than Your Insurance Policy Will Pay?

Lauren Cirrinicione
Friday, 11 March 2022 / Published in Car Accidents, Did You Know

What Happens When You Have to Pay a Plaintiff More Than Your Insurance Policy Will Pay?

What defendants can do when their counsel worries more about maintaining the business of the insurance company that refers them cases, than the clients they are assigned to represent?

You rely upon your defense attorney. They are confident they will win at trial. You have limited, or no conversations with the insurance adjuster making payment decisions behind the scenes. Then, you go to trial and a jury finds that you are responsible for paying the plaintiff more money than is available under your insurance policy. You are now personally responsible for repaying the plaintiff all amounts greater than your policy limits. Options: Bankruptcy? Sell your property? Beg a family member to pay the bill? All are less than desirable.

Some defense counsel believe they are invincible. So confident that they will win,  they don’t adequately explain the likelihood that you could become personally liable for a verdict. Some insurance companies put their own interests above their insured. Combining the invincible attorney with an insurance company adjuster who fails to recommend a settlement, despite analysis that available policy limits will not be adequate to cover a verdict, is a recipe for disaster. This can be devastating to you.

In this example, you may have an opportunity to assign your right to sue for bad faith to the plaintiff that you owe.  The plaintiff would be permitted to sue your insurance company for the bad faith handling of your defense, for failing to pay a pre-suit settlement to the plaintiff and for failing to protect you from personal liability after trial. An assignment such as this allows you to rest easy that no one will be placing liens on your property; and it also provides an opportunity for our clients to collect the full amount of the judgments they are awarded at their personal injury trials.

Attorneys at Murphy & Landon have pursued personal injury and medical malpractice claims against defendants put in this position by their representatives. Murphy & Landon has won excess verdicts at trial and has successfully sued insurance companies for bad faith, resulting in payment of the full amount of the outstanding verdict, in addition to interest and punitive damages.

If you or a family member finds yourself in a situation like this, contact Murphy & Landon for a free consultation:  866-939-8100 or 302-472-8100. 

 

 

 

Author(s)

  • Lauren Cirrinicione

    Lauren Cirrinicione is a trial lawyer who helps individuals who have been seriously injured by collisions, negligence, malpractice, neglect and abuse to seek justice from those people and companies that have caused them harm.

    View all posts

  • Tweet

What you can read next

Smyrna, DE - One Killed, One Hurt in Crash on Rte. 13 at Twin Willows Rd.
Smyrna, DE – One Killed, One Hurt in Crash on Rte. 13 at Twin Willows Rd.
Newark, DE - Patrick Marchioni Killed in Accident on Polly Drummond Rd.
Newark, DE – Patrick Marchioni Killed in Accident on Polly Drummond Rd.
New Castle, DE - Car Accident with Injuries on Rte. 299 near Rte. 1
New Castle, DE – Car Accident with Injuries on Rte. 299 near Rte. 1

Recent Posts

  • Newark, DE - Injury Crash Involving Box Truck and School Bus on Samoset Dr.

    Newark, DE – Injury Crash Involving Box Truck and SUV on Samoset Dr.

    Newark, DE (March 21, 2023) – A two-vehicle acc...
  • Greenwood, DE - Woman Hurt in Crash on Shawnee Rd.

    Greenwood, DE – Woman Hurt in Crash on Shawnee Rd.

    Greenwood, DE (March 20, 2023) – An Ellen...
  • Newark, DE - DSP Responds to Injury Crash on Library and Delaware Ave.

    Newark, DE – DSP Responds to Injury Crash on Library and Delaware Ave.

    Newark, DE (March 19, 2023) – The Delawar...
  • Odesssa, DE - Injury Accident on Route 13 near Chestnut Lane

    Odesssa, DE – Injury Accident on Route 13 near Chestnut Lane

    Odessa, DE (March 18, 2023) – Police in O...
  • Wilmington, DE - Serious Injury Crash on Philadelphia Pike at Beeson Ave.

    Wilmington, DE – Serious Injury Crash on Philadelphia Pike at Beeson Ave.

    Wilmington, DE (March 17, 2023) – Officer...

Categories

  • Bicycle Accidents
  • Brain Injuries
  • Car Accidents
  • Child Abuse
  • Crime Victims
  • Did You Know
  • Elder Abuse
  • Injuries
  • Landlord/Tenant
  • Law
  • Local Accidents
  • Medical Malpractice
  • Mental Health Break
  • Motorcycle Accidents
  • News/Events
  • Pedestrian Accidents
  • Premises Liability
  • Spinal Cord Injuries
  • Staff Spotlight
  • Truck Accidents
  • Uncategorized
  • Verdicts and Settlements
  • Wrongful Death

ABOUT US

Murphy & Landon is located in Wilmington, Delaware. We serve clients throughout New Castle, Kent and Sussex Counties and beyond, including Dover and Newark.

Best Wilmington Personal Injury Attorneys

CONTACT US

Phone: 302-472-8100
Toll-Free: 866-939-8100
Fax: 302-472-8135

Murphy & Landon Delaware
1011 Centre Road
Suite 210
Wilmington, DE 19805
Map and Directions

Murphy & Landon New York
800 Third Avenue
28th Floor
New York, NY 10022
Map and Directions

OUR OFFICE

  • Disclaimer
  • Site Map
  • Privacy Policy

© 2020 by Murphy & Landon, P.A. All rights reserved.

TOP