I don't understand why OP asked the "Weight Police" for help? When you know you are obviously over a rating, I would ask for no WP to respond, only the folks that say it's okay.
My saying....If only people towing within every rating were allowed on the road, I wouldn't even need CG reservations on Holidays.
The law suit question has been raised in the past, but no actual experience stepped forward. Not saying it couldn't happen, but would likely have to be pretty obvious.
It is my understanding insurance even covers drunk drivers, even overloaded drunk drivers, but I have no personal experience.:)
Jerry