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What is the ramifications of releasing my insurance limits?

Santa Maria, CA |

After my daughter was involved in an accident for which she was responsible, my insurer sent a letter request from the claimant's attorney to release information regarding my policy limit in CA. Is there any reason not to give consent?

Attorney Answers 6

Posted

Let the attorney assigned to you by the insurance company advice you regarding this issue. You do not want to interfere with his startegy. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de accidentes y lesiones is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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George Chakmakis Jr

George Chakmakis Jr

Posted

Your insurance premium usually goes higher depending how much they have to pay out on a case.

Posted

If the other party is seriously hurt and you refuse to release the information, you are leaving them no choice but to sur you. Once you're sued they'll easily find out the limits by sending form interrogatories. Let them know the limits and tell your insurance company to settle your case within your policy limits. If they refuse to settle and your daughter gets an excess judgment, your insurer has to pay the excess or face a bad faith suit.

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Edgar Julio Gutierrez

Edgar Julio Gutierrez

Posted

Armen is right. The insurance company has to get your consent to disclose that information. You can certainly refuse but doing so will get you no traction. All it will do is cause the other party to sue you (which they will likely to anyway) and then serve a set of interrogatories for that information. In California, Policy limits MUST be disclosed so if you dont give it now, they will get it later. It's really up to you but you earn nothing by denying consent to disclose.

Posted

No. If you were the at fault party you want to give the other side every reason to settle for the policy limits or below so as to avoid any excess judgment. By providing the limits, it expedites that process. Cooperate with your insurance company, since its ultimately their money, they will be a zealous advocate for you. Best of luck.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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Posted

I agree with my colleagues. If the owner and operator of the responsible vehicle lack sufficient assets it would be advantageous to send policy limits to the plaintiff's attorney. That way the plaintiff's attorney know that is most likely the max he can gain for his client. Give YOUR insurance company the consent to release policy limits and then they will protect your best interest. Good luck with your case.

Marcus W. Morales, Esq.
Law Offices of Marcus William Morales
115 W. Mission St.
Santa Barbara, CA 93101
(805) 845-5405
Santa Barbara Lawyer Offering Free Consultations
www.marcusmoraleslaw.com

All content posted on marcusmoraleslaw.com and avvo.com is for educational purposes only and should not be relied on as legal advice. Any information conveyed to marcusmoraleslaw.com, avvo.com or by telephone to the Law Offices of Marcus W. Morales does not create an attorney-client relationship until an attorney-client fee agreement has been entered into and signed by both parties.

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Posted

No. You want them to settle within limits.

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Posted

I can never understand why insurers don’t release their insurance limits when requested by claimant’s Attorney. In 32 years I’ve never seen the down side in an insured releasing limits, if anything else it will help expedite resolution of claim and avoid your daughter from being sued.

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Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

My sentiments exactly. I called one company last week and they told me that they have to ask their insured.

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