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INS Co did not provide the defendant with enough coverage.

Northridge, CA |

Defendant has 25K coverage. Am I allowed to sue the INS co for not providing the defendant with enough coverage when they knew she has had four prior accidents all in a 10 year time limit?

Attorney Answers 20


  1. Best answer

    You have received excellent information and advice from my colleagues. Defendant may have a claim against the broker if the broker failed to suggest higher limits but the broker would have a defense to the extent that Defendant failed to reasonably figure this out. I wonder how many of the priors were not Defendant's fault. Lastly, the coverage limits set by the eejits in Sacramento are compelling evidence of our State's abdication of responsibility to we citizen drivers; the minimum limits haven't changed in my 33 years as an attorney and used to be on par with the value of a beach front home.


  2. No. Not effectively. That is not their responsibility.


  3. she chooses the insurance she's purchased. She chose to go cheap. I hope you protected yourself with high underinsured motorist coverage. You really need to assume that everyone else driving around has minimum coverage for your own protection. Good kluck.


  4. The basic answer is no. There is no relationship between you and the defendant's insurance company based upon the information you have provided.

    You need to consult a personal injury car accident attorney familiar with insurance law. It is possible that you have UIM coverage, see my latest blog on my website, that may offer additiional compensation.

    There are a myriad of strategies that can be used to maximize your recovery. So contact a personal injury attorney for a free consultation.

    Best of luck.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


  5. No, most people pick coverage based on the amount of premium they can afford. Did you carry underinsured motorist coverage? If so, then you should submit your claim to your own auto insurance company. If you didnt carry UIM....then you failed to secure enough insurance coverage for yourself, just like the other driver.


  6. Creative thinking, but your suit wouldn't last.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


  7. No, it doesn't work like that. The insurance company is only obligated to provide the coverage that the insured buys and pays for. They have no obligation beyond that... Sorry...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  8. Absolutely not. If you reached her policy limits, look to your own underinsured motorist coverage to see if it exceeds $25,000.


  9. No. The insurance company cannot make someone buy more coverage than the mandatory state minimum for coverage.


  10. No---not even close.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.


  11. No. Insurance policies are like contracts. The driver agreed to pay premiums, and the insurance company agreed to provide $25,000 in liability coverage. Hopefully your insurance company provided you with underinsured motorist coverage.

    I am a personal injury lawyer located in Dayton, Ohio. I am an experienced trial lawyer who represents injury victims against the insurance companies. We do not have an attorney-client relationship. I am not your lawyer. I am not providing any legal advice. I am only licensed in the State of Ohio. You should contact an attorney for legal advice.


  12. Here is the big question. Do you have underinsured motorist coverage and if so what are the limits. I am a big believer in high limits for um/uim just because of situations like this and also because the higher limits are not that expensive. You bear the responsibility if you have no uim or low limits.


  13. It is not the responsibility of the insurance company to determine the amount of coverage a defendant needs. That is the responsibility of the defendant. The defendant's personal assets may be exposed as a result of having insufficient coverage. California only requires the following minimum coverage for auto policies:

    $15,000 for injury/death to one person.
    $30,000 for injury/death to more than one person.
    $5,000 for damage to property.

    California Insurance Code §11580.1b

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

    The information contained herein is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this Website contains general information and may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website.


  14. Any rights over the failure to provide sufficient insurance coverage reside with the insured. You have no direct claim against her broker. You are free to obtain a judgment against her in excess of her policy limits and then ask her assign to you her right to sue the broker for failing to provide adequate coverage in exchange for your agreement not to collect your judgment from her personal assets. I do not know whether such a tactic would be useful in this case as this is a highly complex maneuver, dependent upon the facts of each case. There are a limited number of attorneys qualified to handle this type of case. You should be looking for a PI/Insurance coverage attorney.
    However, I have my doubts about this kind of claim. You could just as well sue your own broker for failing to sell you enough UIM coverage since the broker is well aware of the risk posed by drivers with multiple accidents and inadequate coverage. Ultimately, the amount of coverage to buy (either by this other driver or yourself) is a decision everyone makes based upon their own monetary resources and the amount of uninsured risk they are willing to take.


  15. In California you cannot sue an insurance company directly, However you may have underinsured motorist coverage which would provide you additional protection if your underinsured motorist coverage is greater than 25K.
    Also the defendant may have been acting as an employee or joint venture which might bring in additional policies.

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