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I was in car accident I was at fault and agreed to pay the injured party. I changed insurance since then. I am being sued now

San Gabriel, CA |

Is my old insurance obligated to defend me or what can i do?

Attorney Answers 7

  1. Yes!
    The Insurance in effect at the time of the loss is responsible!
    Turn over all the papers and inform them of the lawsuit immediately. They will defend you.
    Good luck!

  2. Even though you no longer are insured with your prior company, they are contractually obligated to pay damages on your behalf which occurred during the policy period; you should be in good shape provided you did not wait so long to report the accident that your previous carrier’s ability to investigate the claim was prejudiced by your delay.

  3. Yes....simply report it to your insurance company to defend.

  4. If you had insurance, that covered the type of claim for which you are now being sued, on the date of the accident, the answer to your question is yes. Call your old agent to advise of the situation and he/she will provide you with the information to contact the appropriate adjuster so you can initiate the claim, advise the old insurance company of the lawsuit and obtain defense counsel (your insurance company has a duty to defend you in claims arising under the coverage period). Your question is unclear though -- when you agreed to pay the injured party, did you actually pay them and not submit the claim to your insurance? If that is the case, they generally cannot sue you again for damages that you already paid them (if you already made them whole, they are not entitled to a second bite of the apple).

    The above information does not constitute legal advice and does not form the basis of an attorney-client relationship. Lisa M. Blasser, Esq. and Blasser Law do not represent you and are not responsible for any actions or inactions that you decide to pursue in lieu of the above information.

  5. Insurance coverage is determined at the time of the accident. Submit the claim to the insurer who sold your insurance at the time of the accident. If there is a problem, call a law firm regarding your coverage issue.

    24 Hour Attorney Call Center (314) 361-4242 or visit us on the Web at

  6. Insurance in effect at the time if the loss insures you for that time period in most cases. Call your insurer ASAP.

    Samuel A. Coffey, Esq. ABRAMOWITZ, POMERANTZ & COFFEY, P.A. Belle Terre of Sunrise, Suite 101 7800 W. Oakland Park Boulevard Sunrise, FL 33351 Phone: (954) 572-7200 Fax: (954) 748-6488 Legal Disclaimer: If this information has been helpful, please indicate below. Sam Coffey is licensed to practice law in Florida. This response is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Coffey strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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