I am being sued for damages due to an accident that I was at fault. I was underinsured. Should I get a lawyer ?

Asked about 5 years ago - Concord, CA

I had only $5,000 liability coverage. The other parties insurance Co. wants to be reimbursed for the damages they paid for. They are sueing me for $9,500.00.

Attorney answers (3)

  1. Jonathan H Levy

    Contributor Level 20

    Answered . Your insurance company may still owe you a defense even if the claim exceeds the coverage limit.

  2. Robin Mashal

    Contributor Level 19

    Answered . Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    Mr. Levy is correct. However, if there is a good chance plaintiff's claim will exceed your policy limits, you must look into retaining additional defense attorney (often referred to as "Cumus Counsel"). You should consult your own lawyer to protect your legal rights.

  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . As I am licensed in Florida and Vermont, I cannot offer you specific legal advice as to California state law. However, generally, if you had insurance at the time of this incident, your insurance carrier probably owes you a defense. You should immediately forward any suit papers to your insurance carrier, via certified, return receipted mail. You also should call them on the phone and advise them that you have been sued, keeping a record of the name of the person you spoke with and the time of the conversation.

    As mentioned by another attorney above, you may wish to obtain your own attorney if there is the possibility that any judgment which may be rendered against you will exceed your liability limit. In the future, it is probably advisable for you to purchase more than $5000 in coverage, as even minor accidents these days result in more than $5000 worth of damage to both vehicles.

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