How does an intent to seek reimbursement for damages paid due to auto loss work in a car accident?

Asked about 1 year ago - Los Angeles, CA

I was involved in a car accident several months ago. I had the minimum coverage, and there were two other drivers that were involved in the accident. My insurance found me mainly liable for one of the cars, but my insurance said that it would not pay anything to the third driver because he was tailing too close.

I just received a letter from the third driver's insurance saying that they have a claim against me as a result of the auto loss, and that the letter serves as their intent to seek reimbursement for damages paid on behalf of their insured.

It says that if I had valid insurance at the time to notify them, but I'm pretty sure they already spoke to my insured.

How does this work now? Will my insurance represent me?

Attorney answers (8)

  1. Michael David Myers

    Pro

    Contributor Level 17

    13

    Lawyers agree

    Answered . Tender the claim to your carrier and request that it provide a defense or resolve the claim on an inter-company basis.

  2. Christopher John Gansen

    Pro

    Contributor Level 18

    11

    Lawyers agree

    Answered . This is a complicated area of the law but generally, your insurance co. owes you both a duty to defend you against lawsuits and a duty to pay damages you're liable for up to the policy limit. That's why you paid for the policy.

    Turn this most recent letter over to your auto insurer and let them sort it out. If they won't and you get sued or a judgment against you, you may have a case against your own insurer, which lawyers or at least this lawyer loves.

    All the best.

  3. Daniel Nelson Deasy

    Contributor Level 20

    11

    Lawyers agree

    Answered . Mr. Myers is correct -- alert your carrier to this claim pronto.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . Turn it over to your carrier to sort out

  5. Kevin Michael Cortright

    Contributor Level 14

    8

    Lawyers agree

    Answered . Not that this helps much at this point but I always point out to my clients the need to carry adequate insurance, the minimum policy will just not protect you when you have either caused an accident or have been injured in an accident. It really doe not cost that much more to up your insurance policy you need to do a comparison to see how much more a little more coverage will actually cost and I think you will be surprised.

  6. Scott J. Corwin

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . The responding car accident attorneys are correct that you should turn this over to your insurance carrier. I wish you the best of luck.

  7. Manuel Alzamora Juarez

    Contributor Level 20

    6

    Lawyers agree

    Answered . Your insurance should be able to provide you with a defense. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  8. Gerald R Stahl

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . Everyone is saying the same thing here. Turn it over to your insurance company as they have a duty to defend. I like Mr. Cortrights advice. I always tell my clients to get better insurance if they have low limits. Good Luck!

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