When suit is filed, they will be entitled to obtain this information, so I would think there would be no reason to resist such a request. Your insurer should appoint counsel for you when suit is filed. Do not post here or discuss the case with anyone except your insurer and your lawyer.
Not legal advice as I do not practice law in California or hold California licensure. Consult California counsel to obtain legal advice. I practice in Vermont ONLY.
Mr. Taylor is correct - if you don't disclose it now you will have to later, so the only thing that this does is give your insurer a chance to settle the case before you are sued, which is not a bad thing.
Absolutely. Depending on the damages versus your assets, most attorneys will recommend accepting the policy limits of your insurance for full settlement. If the attorney is left to guess the amount of your policy he will very likely file a lawsuit - all of which can be avoided if you disclose now. There are many other tactical reasons why you want to disclose the limits to protect yourself in the event the claim well exceeds your policy and your insurance carrier refuses to pay out the limits.
I agree with my colleagues. Also, if you are close to your policy limits, you may need to seek independent counsel. Good luck.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
Depending on the nature of the injuries & your possible excess exposure it would be wise to consult a local personal injury attorney to assist in protecting your assets..
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
Disclosing your insurance limits is tip of the iceberg. The much bigger issue lurking beneath the surface is whether you have exposure for personal liability above and beyond your insurance limits. The injured party may next request your personal financial information. You would be wise to consult with a lawyer in your area.
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You have exposure. You should agree to the disclosure. You may also need to do an asset disclosure to see if they will settle for policy limits, if you have no assets beyond the insurance. Your insurance company should have already assigned you an attorney to help you with these questions.
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If you say "NO" at this point, you most likely will be served with a Summons and Complaint immediately. Is that what you want? I think not.
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I see this as a reasonable request. I've been on "both sides of the fence" in personal injury matters over 25 years, and I have found little reason not to disclose that information. If it is an attorney representing the injured motorcyclist who has requested the information, likely he wants to assess whether he should try to settle for the policy limits available under your insurance coverage.
There is also a risk, given the extent of the medical bills that the cyclist's attorney will also inquire about your personal finances, to determine if you may be financially able to pay some of the damages above the policy. If that occurs, you should definitely seek advice from an attorney. Clearly, such an inquiry will be an "invasion of privacy," but such a disclosure may still be in your best interests. As "intrusive" as this may seem to be, such an inquiry MAY have advantages in addition to the disadvantage of the invasion of your privacy, as this information may also be used to assess whether the cyclist should accept policy limits. However, as noted above, this assessment may be best made with the assistance of counsel, and based on much more information than that which is provided here. At this point, I would also expect that the insurance company may have already provided, or at least lined up, defense counsel to assist you, as may be required under your policy.
Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here 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 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.
Without more information regarding your case, I would feel uncomfortable giving you legal advice as to whether or not you should release your information in your car accident case. That being said, I agree with the responding car accident attorneys that this does give your insurance company a chance to settle this out of court. Best of luck.
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