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Do I need to hire a lawyer to fight this?

West Covina, CA |

Exactly one year ago, I was involved in a rear end collision. I hit a lady from behind and almost totaled my car. The lady drove a big SUV and barely had a dent on her bumper. She got out of the car and asked whether I was ok, and I said yes. She said she is fine as well and that she has already called for law enforcement and that she was leaving. I stayed and the Police came and waited until my car was towed. It was my first accident and was not asked to take a Police report. The insurance took care of everything and fixed my car and I never heard from the lady ever since.

Until a week ago my insurance called me asking whether they can release my auto policy information to the lady's lawyer. They said that they are trying to seek for more money, that the lady has incurred about

$25,000 worth of surgery fees. Should I release the information? And my policy only insures up to $25,000. What are the chances that she can sue me for more money after my insurance pays her the max insured? Am I out of luck?

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Attorney answers 8

Posted

If you are sued, your insurance company will appoint a lawyer to defend you under your liability coverage. My advice normally would be to notify your insurer immediately but It sounds like your insurer is already aware of this potential claim. Speak to your adjuster to confirm this. Good luck.

This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.

Edward R. Yaghoubi

Edward R. Yaghoubi

Posted

Also, I would not authorize my insurance to release my policy information, specifically my coverage limits.

Posted

Your insurance will carefully evaluate the other party's claim and will make a decision if reasonable and necessary expenses that were related to the accident should be paid for. If the other party files a lawsuit your insurance company will hire a lawyer to defend you. Talk to your insurance adjuster and find out what's the extend of the claim and any possible lawsuits against you. Also confirm that they will assign a lawyer to you once d lawsuit is filed. Make sure to provide your insurance with any And all papers received from the other party, her attorney of insurance carrier, including Any lawsuits that you may receive in future.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

Asmik Jasmine Gevorkyan

Asmik Jasmine Gevorkyan

Posted

I meant her attorney OR insurance carrier (not "of") I apologize. .. Autospell. ..-

Posted

The good new is this: In California, your insurance carrier has an obligation to you to try and settle the claim within your $25,000 policy limits. And if the lady files a lawsuit, your insurance carrier will hire a lawyer to defend the lawsuit. That does not require that the other driver accept the offer. And yes, the women has the right to seek more money than just your policy limits. If the insurance carrier offers to settle for your policy limits, they will also request that the other driver sign a full release of all claims so she cannot sue you for more. If you are concerned, it will be worth your peace of mind to meet with an asset protection lawyer. Also, call your adjuster and seek his or her help in guiding you through this process.

Posted

As my colleagues have said, let your insurance company deal with this lady's claim. They are obligated to defend you to the limits of your policy and will, no doubt, try and dispose of the claim for an amount within your policy limits.

I just wanted to add it is in your interests to allow your insurance to release your policy information. You are obligated to cooperate with them in defending the claim. A failure to do so potentially would allow them to escape their obligation to defend you.

If, at any time, it becomes a probability that the lady's claim value could exceed your policy limits, you will be notified and your options explained. I highly doubt you need worry about that, however, based upon what you related in your post.

Posted

Your insurance company will resolve this, and it is unlikely from the accident you described that she will get anything near the policy limits.

I would advise you to bump up your coverage to at least 100/300 minimum with UM/UIM to protect yourself in the future.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Posted

I agree with Attorney Lee. Your insurance company should handle this for you.
Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com
www. KingofPersonalInjuryLaw.com
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Posted

I agree with the responding attorneys. Your insurance company should be able to represent you. I hope you found my answer helpful.

Posted

I agree with all my colleagues. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., aka El Abogado de Accidentes de California: 510-206-4492. It is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on accident, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes y Lesiones personales, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Bancarrotas 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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