Apart from the fact that the person is insured, you have no right to know what kind of policy he has. In a case where the plaintiff's injuries are extensive/expensive, and the defendant doesn't have any money (except for the insurance policy), a lawyer will sometimes demand the policy limits. If the insurance company settles, the settlement agreement will usually provide that if it's later discovered that the policy limits were higher than what the insurance company paid, the settlement is off.
If your injuries are extensive, you should hire a personal injury lawyer. The other side's adjuster is probably very good at taking advantage of unrepresented parties. You may not think to ask for things that the insurance company knows it ought to pay. And if you don't ask, the adjuster is certainly not going to tell you about them.
If you're in "an ongoing suit," you really ought to have a lawyer. And if you do have a lawyer, you shouldn't be talking to the adjuster.
If you have filed a lawsuit, then the Defendant will have to disclose the policy limits in discovery; as mentioned, you should have a lawyer involved if you are in an active lawsuit and limit any communications with the opposing side.
If you have not filed a lawsuit, the insurer does not have to disclose the policy limits and typically will not.
If there is a lawsuit, they have to disclose the policy limits.
If you are just negotiating the claim without yet filing a lawsuit, they will not disclose the limits.
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In New York, you are not entitled to know a person's insurance policy without providing a request in writing for same. The adjuster does not have to give it to you by phone.
If you are in a lawsuit (actively litigating the matter), in New York, your attorney is entitledd to ask for the information during the discovery process and the CPLR (the statute) mandates disclosure. Unfortunately, there is no quick fix under these circumstances.
That being said, some adjusters will talk to you and tell you the information. They may be more willing to tell an attorney rather than you. You should consult an attorney in your jurisdiction if possible. Good luck.
If your case is in Georgia, the answer is yes.
O.C.G.A. § 33-3-28 provides:
(a)(1) Every insurer providing liability or casualty insurance coverage in this state and which is or may be liable to pay all or a part of any claim shall provide, within 60 days of receiving a written request from the claimant, a statement, under oath, of a corporate officer or the insurer's claims manager stating with regard to each known policy of insurance issued by it, including excess or umbrella insurance, the name of the insurer, the name of each insured, and the limits of coverage. Such insurer may provide a copy of the declaration page of each such policy in lieu of providing such information. The claimant's request shall set forth under oath the specific nature of the claim asserted and shall be mailed to the insurer by certified mail or statutory overnight delivery.
(2) The insured, within 30 days of receiving a written request from a claimant or the claimant's attorney, shall disclose to the claimant or his attorney the name of each known insurer which may be liable to the claimant upon such claim.
(b) If the request provided in subsection (a) of this Code section contains information insufficient to allow compliance, the insurer or insured upon whom the request was made may so state in writing, stating specifically what additional information is needed, and such compliance shall constitute compliance with this Code section.
(c) The information provided to a claimant or his attorney as required by subsection (a) of this Code section shall not create a waiver of any defenses to coverage available to the insurer and shall not be admissible in evidence unless otherwise admissible under Georgia law.
(d) The information provided to a claimant or his attorney as required by subsection (a) of this Code section shall be amended upon the discovery of facts inconsistent with or in addition to the information provided.
Yes. In Virginia, once a suit is filed , your attorney can send written questions to be answered under oath by the other side, including about insurance.
A relatively new law in VA allows us to get the policy limits information before suit under some circumstances. This allows you to know how much money is available as a maximum sum from the at-fault driver's insurer. You can get this by presenting economic losses, like medical bills , of $ 12,500.
If one wishes to know how much insurance coverage a potential defendant has before filing suit, Virginia Code Section 8.01-417, provides in part:
If the total of all such medical bills and wage losses equals or exceeds $12,500, the insurer shall respond in writing within 30 days of receipt of the request and shall disclose the limits of liability at the time of the accident of all such policies, regardless of whether the insurer contests the applicability of the policy to the injured person's claim. Disclosure of the policy limits under this section shall not constitute an admission that alleged injury or damage is subject to the policy.
Technically, you do not need a lawyer to find out this information, but if you have that many medical bills you should probably talk to a lawyer.
My advice to you is to consult with an experienced personal injury lawyer in Texas. I am an a lawyer specializing in auto accident, slip and fall, and work related injuries, but I am in Florida. As you can tell from the different answers you will see on Avvo, laws vary from state to state.
If you were in Florida, you would be entitled to know whether the person responsible for your injuries has insurance coverage. By your question which says you were "hit" by a person, I am presuming you were involved in a car accident. There is a Florida Statute directly on point which requires an insurance company that insures the owner/driver of a car in Florida that was involved in a Florida car accident, to provide a certified copy of that person's insurance party to any other person's involved in the accident. Most often, Florida insurance companies will respond with a "Dec" page, or Declarations Page, which is a certified summary of any insurance coverages available to the person insured.
If for some reason you don't know the name of the car insurance company to contact, you can contact the Florida Division of Motor Vehicles and Drivers Licenses and request the person's insurance information. If the owner or driver of the car has insurance coverage, the State of Florida will provide it to you.
You are also entitled to insurance information in Florida for other types of accident claims. There is a Florida Supreme Court approved interrogatory which allows a party involved in an accident lawsuit to ask the person or company they are suing whether the at fault party has insurance that may cover the injured party's damages. An interrogatory is a written question sent to another party in litigation. At least in Florida, the party has 30 days to provide a written answer, sworn to and notarized. If a party refuses to answer the interrogatory, you can obtain a Court order to compel that party to respond. This type of interrogatory can be used in car accident claims, slip and falls, boating accidents and most accident claims that end up in litigation.
My advice to you is to speak with an experienced accident injury lawyer in your area. Most accident injury attorneys handle claims on a contingent basis, and offer a free, no obligation consultation to initially discuss your claim with you. So, you have nothing to lose by at least speaking with an accident injury lawyer to evaluate your rights.
Joseph M. Maus
The Maus Law Firm
An insurance adjuster is supposed to tell you the bodily injury limits of the person or corporation that casued your injury. In New York there have been many instances when insurance adjusters do not disclose all of the available coverages.
Once a matter has been placed into suit, your attorney has a right to demand the coverage including copies of the insurance policies. That's the only way to confirm the full amount of coverage available.
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