i was recently in an accident involving another car and a pedestrian. the other car was found to be at fault. the pedestrian is suing both of us. i would like to know can the pedestrian sue the other family members insurance in my household who are not on my policy because they have their own insurance from a different company. i would like to know why do my insurance ask for their insurance information. what do i do when they refuse to divulge their information to my insurance company? do i take it without them knowing and how does it effect the both of us. thank you
You should cooperate with your insurance company as failure to do so may void their obligations to you. If you refuse the plaintiff's attorney may ultimately subpoena your family members and take their testimony regarding their policies. Their policies may well provide additional coverage, which would only be necessary if the amount of the demand or judgement exceeded your limits.
Personal Injury Lawyer
The question is not really if the other can sue (anyone can try to sue for almost anything), the question is whether or not the other family members are liable. Unless one of your other family members is the owner of the vehicle in question or there is some sort of claim for negligently entrusting you with the vehicle then I can't see a scenario in which any one or any other insurance would have to respond in damages. As to the request for other insurance information, you are under a duty to cooperate with your carrier and I can't see how providing them with the insurance information would put you in any worse position. If the case is in suit, your company should have assigned you defense counsel. You can present theses questions to him/her or consult with personal counsel.
Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.
Personal Injury Lawyer
Why not ask you insurance company why they want to ascertain this information? I am a California attorney not licensed in NY or familiar with their laws. I do not understand why they want this information UNLESS one of the other member of your family was the driver of your car or the co-registered owner etc. at the time of the accident. Why not consult a local NY attorney - many offer free initial consultations
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
Your insurance company is probably investigating to see if you can benefit fronm any insurance coverage available in your household. It is best to cooperate with your insurance company as that is your duty.
This answer is not intended as legal advice, nor as a substitute for legal advice received from an attorney during a consultation. Your rights and obligations may vary depending upon facts not disclosed in your question. Therefore, you should contact an attorney immediately so that your interests are properly protected.
Real Estate Attorney
Unless another family member owns the vehicle you were driving at the time of the accident and is thus vacriously liable for your negligence ( or alleged negligence), there is no claim against anybody in your household and thus no coverage by their insurance.
My firm is a second generation family firm successfully handling personal injury and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900
Without someone else's name on the title, unlikely
Cooperate with your insurance company or they will deny coverage. Your insurance company will assign an attorney to represent you. Cooperate with that attorney. If you are being sued for an amount greater than your coverage, then consult with a private lawyer.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.