my friend died due to negligence of other driver. its been 6 months other party is not releasing the information Michigan. At what point can you find out the other persons policy limits? After suit and a demand is made, or at trial if a settlement isn't made, or never? I know some states requires the insurance company to disclose the policy limits.
my friend was driving east to west other party driving south to north Hit on the driver driver crosed red light
I am sorry to hear of your friend's death and your loss.
All 3 previous answers are correct. But here are a couple additional suggestions:
if the case is going to be settled pre-lawsuit communicating with the insurance company who insured the defendant, you must make sure you are getting the insurance company of BOTH the driver and the owner of the vehicle, if they are different individuals, and you should demand a certified copy of the declaration page of the insurance policies, as many adjusters tend to "mispeak" when verbally disclosing what a policy limit is. Finally, keep in mind that settlement will almost always shut down the possibility of additional contribution of personal assets by the negligent individual who caused the death. In some circumstances, there is significant additional recovery that can be made for the estate of the deceased. For example, my law firm was involved in the double death caused by a former Detroit Lion who was a lottery selection and had millions of dollars in personal assets but was driving a car with minimum policy limits, and I have been involved in cases of doctors with million dollar homes driving cars insured with $50,000 policy limits. So, it is always appropriate to have at least a preliminary asset check performed on the driver and owner (as Michigan has an owners liability statute) of the car involved.
Yes, the insurer will do everything in their power to be cloak and dagger with their limits because they don't want to pay them, period. I have even had adjusters play this game with me. You file suit and obtain their policy, including any umbrella policies that may cover this horrific loss to your friends family.
There are excellent 10.0 rated attorneys on avvo would be happy to explain the rights to your friend's family.
Sometimes an insurance company will not release the policy limits because they have not been able to obtain the consent of their insured (the at fault driver). In this situation I always file suit. Shortly thereafter, you will be able to determine the applicable policy limits.
If you have any questions, do not hesitate to e-mail me at firstname.lastname@example.org or call my office at 248-554-3440
In Michigan, the policy limits are discoverable. Additionally, there are other potential sources for recovery. Your friend's estate needs to be opened and a claim made. Depending on your relationship to your friend you may, or may not, have an interest in this action. You need to consult with an attorney.
There is no requirement for the insurance company to release the policy limits in Michigan without filing a lawsuit and serving them with interrogatories to find out what those policy limits are . Additionally, even when you follow procedure they often try to omit the Umbrella Policies. That is why our offices have specific interrogatories that demand this information. If they do not provide it we file a motion to compel and get a court order from them. We can get you this information during the initial part of the litigation known as "discovery". It sounds like the liability is clear-cut in your case, but the insurance company always tries to make it a dispute. It is important to have an experienced law firm that does wrongful death cases. We have handled wrongful death automobile cases for almost 30 years. You can see our website if you click www.seriousautoaccident.com
We will offer you a free consultation in this matter if you chose to contact us. Good luck you.