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How to find out the other parties policy limits settlement?

San Diego, CA |

I was involved in a car accident and was made an offer. Supposedly the other party has bare minimum auto insurance but I have been shown nothing that proves it. When I request something proving the policy limits settlement of the insured, the insurer tells me that they can’t contact the insured and henceforth can’t get a release from him to release that information. Something is not right here.

What do I say to find out the policy limits?

Attorney Answers 4


You might want to suggest that if the insurance company doesn't provide you with the policy limits, that you will have no option but to contact a Personal Injury Attorney that will get the policy information through the lawsuit (Discovery) or sooner. Some state laws require disclosure. To be sure, check with a Personal Injury Attorney in San Diego (where you are from). It might not be a bad idea to get a free consultation anyway, just to make sure you aren't being short-changed by the insurance company - a practice that seems to happen more and more frequently. Good luck.

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Be careful settling for "policy limits" unless you have it confirmed in writing. You should also obtain a declaration from the responsible party that includes, among other things, a statement that he wasn't working at the time of the incident (you could sue employer), and doesn't have an umbrella policy, etc.

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If you had significant injuries, be very careful in accepting any offer. There are all sorts of tricks and non-disclosures, often leading you into accepting a low amount. An asset check should also be done if your injuries were severe and/or you will need future medical treatment.

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Request in writing that the other party request in writing their insured disclose his or her limits. In California, we have a strict privacy act. You generally can only get policy limits disclosed in three ways from an at fault insurance company:

1. Written waiver
2. Your injury claim is worth the policy limits settlement or beyond
3. You file a lawsuit and request it in formal discovery

I hope this answers your question.

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