Notification of other party insurance company if other party is mentally impaired.

Asked 9 months ago - Fort Lauderdale, FL

The other party is mentally impaired (documented) but they have caused number issues (libel & Slander) that have caused some unintentional economic damages. The other party has an umbrella insurance policy.
My question is, when I file legal action against the other party for damages and considering the other party is impaired but not under anyone guidance, should I notify the insurance company at the same time when I file due to other party issue? If the insurance company is not notified in some manner, can they deny payment of claim/lawsuit?

Attorney answers (5)

  1. Michael R Varble, Esq.

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . Your attorney should send a letter to the other party's insurance carrier as soon as possible, even before suit is filed, if you know what carrier it is .

    The information provided herein is for informational purposes and should not be construed to establish an attorney... more
  2. Lee Alan Thompson

    Contributor Level 20

    4

    Lawyers agree

    Answered . The insurance company should be notified now. Your best bet is to get an attorney to review this and not just simply file a lawsuit.

    Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful"... more
  3. Steven Robert Samples

    Contributor Level 13

    4

    Lawyers agree

    Answered . Best to contact an attorney to make the assessment of who to sue and who to notify.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your lawyer should handle it

  5. Lars A. Lundeen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I suggest that you let your attorney handle all of these legal issues.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com..

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein 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. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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