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I was served with papers from a car accident. How do I ensure my insurance company will try to settle within my limit?
Philadelphia, PA
Viewed 64 times.
Posted 3 months ago in Lawsuits / Disputes
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I am being sued for an amount in excess of my limit. The amount is WAY beyond my policy limit. There is no way I can afford and will be forced into bankruptcy if I have to pay out of pocket. I did a lot of research online and am familiar with the general procedures that follow a case such as this. But something came across my attention. I read that the in order to make sure my insurance company use their best effort (good faith) to settle with my policy limit, I should use the "threat of a bad faith claim." How important is for me use this threat? How exactly can I do this? Via a letter? Also I want to be able to use this letter in the event that my insurance company did act in bad faith. How should this letter be written so that the letter will matter in a lawsuit?
Thank you very much! Answers (1)
Lars A. Lundeen
This attorney is licensed in Florida and 1 other state.
Posted 3 months ago.
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As I am not licensed in your state, I can only provide you with some general information. Assuming you were at fault in causing this accident, I would suggest that you write your insurance carrier by certified, return receipted mail (keeping a copy of the letter for your records along with the return receipt which will be mailed back to you) and advise them that you were at fault in the accident. You should advise them that you have limited assets and are concerned that the claim against you may exceed your policy limit. You should urge them to do everything in their power to resolve the claim as soon as possible within your policy limits.
If in fact you have already been served with suit papers, which is the gist of your comments above, you may wish to consider hiring your own attorney who can exert additional pressure on the insurance carrier to settle within your policy limits. |
