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

Asked about 1 year ago - San Gabriel, CA

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

Attorney answers (7)

  1. Barry P. Goldberg

    Pro

    Contributor Level 13

    10

    Lawyers agree

    1

    Answered . 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. David Laurence Altman

    Pro

    Contributor Level 11

    10

    Lawyers agree

    1

    Answered . 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. Lisa Marie Blasser

    Contributor Level 10

    8

    Lawyers agree

    Answered . 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... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    1

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

  5. Christopher Steven Hoffmann

    Contributor Level 14

    7

    Lawyers agree

    1

    Answered . 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 http://www.hoffmannpersonalinjury.com.
  6. Richard Andrew Harting

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . yes advise them immediately

  7. Samuel Aaron Coffey

    Contributor Level 10

    3

    Lawyers agree

    Answered . 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... more

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