by Guest » Fri Aug 29, 2008 10:27 am
Dear all,
I was in a minor fender-bender car accident earlier this year in January 2008. It was a wet and rainy day, when the car in front of me made a sudden stop, I stepped on my break as soon as I saw the front car stepped the break, however, my car still skidded and bumped the rear bumper of the front car.
The damage was minor, the other car's rear bumper was bent, and the grill and hood of my car was a little bent, there were 2 persons on the other car, the driver and another passenger, they came out of their car and we exchanged insurance information. No one was hurt and no police came.
The other driver and myself both reported to our own insurance carriers, and after investigation by adjusters, I was told that I am 100% at fault, I accept that I am at fault, and my insurance company said that they will take care of the rest, I have full coverage and I am in California.
But, last month when I renewed my auto insurance policy, of course my premium went up because of the accident and the fact that I am at fault, but my auto insurance agent also told me that my insurance company alreay paid for the other party's propery damage, but the other party is not willing to settle with the bodily injury part, the other party is claiming that they have neck and back pain and other sufferings due to the accident.
Today, I received a notice from my claim adjuster saying that the other driver and the other passenger has hired an attorney against me for bodily injury and request that I release the limit of my bodily injury liability coverage, what should I do?
Do I have to release the limit of my bodily injury liability coverage to the other driver's attorney?
Will my insurance company release the limit of my bodily injury liability coverage to the other driver's attorney?
I understand that I am at fault, but it was really a minor accident, I thought the case was closed a few months ago, but now the other party got an attorney against me, will I be in big trouble or get myself into an excess judgement?
I recently purchased a house, I am scared that I will lose my properties in an excess judgement?
I am really upset, can someone please help?
Thanks a lot.
I was in a minor fender-bender car accident earlier this year in January 2008. It was a wet and rainy day, when the car in front of me made a sudden stop, I stepped on my break as soon as I saw the front car stepped the break, however, my car still skidded and bumped the rear bumper of the front car.
The damage was minor, the other car's rear bumper was bent, and the grill and hood of my car was a little bent, there were 2 persons on the other car, the driver and another passenger, they came out of their car and we exchanged insurance information. No one was hurt and no police came.
The other driver and myself both reported to our own insurance carriers, and after investigation by adjusters, I was told that I am 100% at fault, I accept that I am at fault, and my insurance company said that they will take care of the rest, I have full coverage and I am in California.
But, last month when I renewed my auto insurance policy, of course my premium went up because of the accident and the fact that I am at fault, but my auto insurance agent also told me that my insurance company alreay paid for the other party's propery damage, but the other party is not willing to settle with the bodily injury part, the other party is claiming that they have neck and back pain and other sufferings due to the accident.
Today, I received a notice from my claim adjuster saying that the other driver and the other passenger has hired an attorney against me for bodily injury and request that I release the limit of my bodily injury liability coverage, what should I do?
Do I have to release the limit of my bodily injury liability coverage to the other driver's attorney?
Will my insurance company release the limit of my bodily injury liability coverage to the other driver's attorney?
I understand that I am at fault, but it was really a minor accident, I thought the case was closed a few months ago, but now the other party got an attorney against me, will I be in big trouble or get myself into an excess judgement?
I recently purchased a house, I am scared that I will lose my properties in an excess judgement?
I am really upset, can someone please help?
Thanks a lot.
Posted: Wed Sep 10, 2008 09:09 am Post Subject:
Yes that's exactly what they are doing at this point...and no you don't have to call your adjuster, just thought in your case it would ease your mind...all carriers do not notify the insured once the claim is settled...they will however get ahold of you, (other guy) if a suit is filed...
Why don't you call your adjuster ask how's it's going...what are the injurys that are claimed is there any chance in an excess claim...and would they please contact you with updated periodically.
Posted: Wed Sep 10, 2008 12:53 pm Post Subject:
Dear Lori, thanks a lot, do you mind to help me with the below questions, I would like to know for my own reference.
Lori and tcope both mentioned that if my case ever goes to court, my insurance will get an attorney to defend me, but if court appearance is required, will the attorney from my insurance appear for me or do I have to appear to court my self?
Doesn't mean they didn't try to protect their insured...maybe an atty is unreasonable, and wants 100k for a minor 4k injury they may file suit, it's more posturing than anything though...
does this mean that the other driver's attorney will not really bring the case to court, they are just posturing and just wanted to use these scare tactics to make my insurance carrier pay them what they demand?
Thank you indeed.
Posted: Wed Sep 10, 2008 01:12 pm Post Subject:
Lori and tcope both mentioned that if my case ever goes to court, my insurance will get an attorney to defend me, but if court appearance is required, will the attorney from my insurance appear for me or do I have to appear to court my self?
yes, more than likely you would be required to appear....does this mean that the other driver's attorney will not really bring the case to court, they are just posturing and just wanted to use these scare tactics to make my insurance carrier pay them what they demand?
yeah, pretty much...but it certainly will not intimidate any adjuster...you have not be served with any suit papers correct? Chances are you never will be either... :wink:Posted: Wed Sep 10, 2008 01:37 pm Post Subject:
Dear Lori,
you have not be served with any suit papers correct?
No, I have not received any suit papers, will the other party's attorney send the suit papers to me or they will send it to my adjuster? I thought they send suit papers to adjusters?
I would like to express my deepest appreciation again for your kindness in helping. I really appreciate your kind heart. :D Wish you a great day.
Posted: Wed Sep 10, 2008 07:33 pm Post Subject:
No, I have not received any suit papers, will the other party's attorney send the suit papers to me or they will send it to my adjuster? I thought they send suit papers to adjusters?
No ""IF"" they file suit it must be filed against you..then of course IMMEDIATELY notify your adjuster and get the papers to them...as far as the court and any jury is concerned insurance, adjusters ins. company's etc cannot come up....the jury etc...is not supposed to know that an insurance company will be paying the bill..I would like to express my deepest appreciation again for your kindness in helping. I really appreciate your kind heart. Wish you a great day.
Hope you have a great day too honey. It's my pleasure, if I can ease the worry or burden just a tiny bit, that's all I'm after, and why I post here....don't have much else to offer other than many many years in claims biz, and through that, I HAD to gain some knowledge... :lol: :lol: let us know how it's going and don't hesitate to ask any questions that pop into your head...that's how we all learn...Posted: Thu Sep 11, 2008 10:05 am Post Subject:
Dear Lori,
Hope you have a great day too honey. It's my pleasure, if I can ease the worry or burden just a tiny bit, that's all I'm after, and why I post here....don't have much else to offer other than many many years in claims biz, and through that, I HAD to gain some knowledge... let us know how it's going and don't hesitate to ask any questions that pop into your head...that's how we all learn...
Thank you very very very much Lori, you are such a kind and sweet person, words cannot express my greatest appreciations for your kind help. I was so worried and upset at the beginning, but from reading your replies and replies from others as well, I really feel much better and more at ease, thank you again for sharing your experiences and knowledge. :D :D :D
...as far as the court and any jury is concerned insurance, adjusters ins. company's etc cannot come up....the jury etc...is not supposed to know that an insurance company will be paying the bill..
Do you know why the jury etc. is not supposed to know that an insurance company will be paying the bill? I thought my insurance will have attorney to defend me, right?
In your many years experience, have you seen many excess judgements?
what should the defendant expect in the judgement? Have you seen any defendant's assets at risk if the amount of damage exceeds their policy limits?
Thank you very much, could you please share your experience for my reference, and hope this will never happened to me. :wink:
Posted: Thu Sep 11, 2008 10:21 am Post Subject:
Do you know why the jury etc. is not supposed to know that an insurance company will be paying the bill? I thought my insurance will have attorney to defend me, right?
Yes, they would defend you...the reason is that if the jury knew that an insurance carrier was involved or paying the bills the theory is (and true) that they may award higher than they would've otherwise, since the defendant isn't actually paying and also there are many people that want to 'stick it' to the insurance company's and the true liability or value of the claim is lost...In your many years experience, have you seen many excess judgements?
Two, that were actual excess judgements and both involved weathy people or corps...what should the defendant expect in the judgement? Have you seen any defendant's assets at risk if the amount of damage exceeds their policy limits
The chances of an excess judgement are very remote...in a 'regular' judgement....say a jury awards 10k in damages, then your company pays that judgement, or they of course can appeal...I have seen two (that I can remember) excess judgements, both involved very very serious injury's one with a child....in both cases the judgements were in the 250-500k range, the insured's in both cases had a lot of money, and one owned a multimillion dollar company...so there were 'deep pockets' to collect the judgements....
I was so worried and upset at the beginning, but from reading your replies and replies from others as well, I really feel much better and more at ease,
THAT is what this forum is all about...I'm so pleased..Posted: Thu Sep 11, 2008 10:43 am Post Subject:
...the reason is that if the jury knew that an insurance carrier was involved or paying the bills the theory is (and true) that they may award higher than they would've otherwise,
Thank you for the explanations, I thought the jury would award lower or to the policy limits of the defendant if they knew that an insurance carrier is involved, I am totally wrong :roll: so does this mean that the jury would award lower if the jury does not know that an insurance company will be paying the bill, am I right? but if the defendant's attorney is from their insurance carrier, is there a way not letting the jury know that an insurance carrier is involved?
....in both cases the judgements were in the 250-500k range, the insured's in both cases had a lot of money, and one owned a multimillion dollar company...so there were 'deep pockets' to collect the judgements....
Does this mean that in your experience, you have never seen anyone lose their home or all assets from excess judgements, right? :roll:
Thank you indeed :D
Posted: Thu Sep 11, 2008 11:08 am Post Subject:
so does this mean that the jury would award lower if the jury does not know that an insurance company will be paying the bill, am I right
yeah in most cases...it's not about lower though it's about fairness...they should be under the impression that the person defending the suit is also the one paying the judgement...so that no bias's against the 'rich' insurance company can be involved..(also another reason that adjusters are never picked for these types of jury's because we know this :roll: )..but if the defendant's attorney is from their insurance carrier, is there a way not letting the jury know that an insurance carrier is involved?
That just never comes up, it's not allowed...there is no way for the jury to know that the defendant attorney is being paid by the carrier...they don't wear a sign you know... :wink: :lol: :lol:
Does this mean that in your experience, you have never seen anyone lose their home or all assets from excess judgements, right
I've never seen anyone lose their home, I have seen them have to pay a bundle of cash in the two examples I stated earlier. But in both they could also afford it... :roll:Posted: Thu Sep 11, 2008 12:41 pm Post Subject:
Dear Lori, thank you again. I have been thinking about things related to auto accidents lately, and a lot of questions come up, thank you for helping.
I've never seen anyone lose their home, I have seen them have to pay a bundle of cash in the two examples I stated earlier. But in both they could also afford it...
Do you know what happens if excess judgements like the two examples you mentioned happened to middle class working families like us who cannot afford that much money?
The evening news mentioned that someone was killed in a car accident, I was just wondering what will happen to the at fault party? will the at fault party go to jail and get an excess judgement, since life is so precious?
:oops:
Add your comment