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Joseph Maus

Joseph Maus’s Answers

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  • Do I have the right to know a person's insurance policy info if in personal injury lawsuit with that person?

    I tried to ask the insurance adjuster what the amount of personal injury was for the person who hit me because I am in an ongoing suit with them....

    Joseph’s Answer

    My advice to you is to consult with an experienced personal injury lawyer in Texas. I am an a lawyer specializing in auto accident, slip and fall, and work related injuries, but I am in Florida. As you can tell from the different answers you will see on Avvo, laws vary from state to state.

    If you were in Florida, you would be entitled to know whether the person responsible for your injuries has insurance coverage. By your question which says you were "hit" by a person, I am presuming you were involved in a car accident. There is a Florida Statute directly on point which requires an insurance company that insures the owner/driver of a car in Florida that was involved in a Florida car accident, to provide a certified copy of that person's insurance party to any other person's involved in the accident. Most often, Florida insurance companies will respond with a "Dec" page, or Declarations Page, which is a certified summary of any insurance coverages available to the person insured.

    If for some reason you don't know the name of the car insurance company to contact, you can contact the Florida Division of Motor Vehicles and Drivers Licenses and request the person's insurance information. If the owner or driver of the car has insurance coverage, the State of Florida will provide it to you.

    You are also entitled to insurance information in Florida for other types of accident claims. There is a Florida Supreme Court approved interrogatory which allows a party involved in an accident lawsuit to ask the person or company they are suing whether the at fault party has insurance that may cover the injured party's damages. An interrogatory is a written question sent to another party in litigation. At least in Florida, the party has 30 days to provide a written answer, sworn to and notarized. If a party refuses to answer the interrogatory, you can obtain a Court order to compel that party to respond. This type of interrogatory can be used in car accident claims, slip and falls, boating accidents and most accident claims that end up in litigation.

    My advice to you is to speak with an experienced accident injury lawyer in your area. Most accident injury attorneys handle claims on a contingent basis, and offer a free, no obligation consultation to initially discuss your claim with you. So, you have nothing to lose by at least speaking with an accident injury lawyer to evaluate your rights.

    Good Luck.

    Joseph M. Maus
    The Maus Law Firm
    (866) 556-5529
    www.mauslawfirm.com

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