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: Fri Sep 26, 2008 12:50 am Post Subject:
This is more than likely a little soft tissue claim..did your adjuster take photos of your vehicle as well? if not call her and tell her you have them...
Since the accident, my insurance company has changed 3 different adjusters for my case? I send the photos that I took at the accident scene to the second adjuster and the 2nd adjuster send me to an appraiser to estimate my car damage, the appraiser took several photos of my car, and will these be enough evidence that the accident was indeed a minor one?
Tried calling my adjuster again last week, but was out of office, tried again this week, was told by another lady who picked up the phone and said that my adjuster is on sick leave, not sure if will be back this week or next week, may I ask the lady who picked up my phone to help me with my questions regarding my case or is it better to wait and talk to my adjuster only? If so, I will have to wait.
Lori mentioned before if a suit is filed against me, once I receive the suit papers, I should get the papers to my adjuster as soon as possible, but what happens if a suit is filed against me, but I did not receive the suit papers, i.e. lost in the mail, wrong address, etc. If I fail to receive the suit papers and fail to respond to the court in the time specified, I will be in big trouble, right?
Posted: Fri Sep 26, 2008 01:35 am Post Subject:
Not sure about where you are but as far as I know, in order for you to be sued, you must be SERVED papers. You know those scenes on TV where someone hands something to someone else and says, "You've been served?"
They aren't going to be dropped on your doorstep or mailed.
Posted: Fri Sep 26, 2008 09:20 am Post Subject:
will these be enough evidence that the accident was indeed a minor one?
yes, should be..may I ask the lady who picked up my phone to help me with my questions regarding my case or is it better to wait and talk to my adjuster only? If so, I will have to wait.
yes, or ask her if there is someone else, your adjusters supervisor that can answer them for you..but I did not receive the suit papers, i.e. lost in the mail, wrong address, etc. If I fail to receive the suit papers and fail to respond to the court in the time specified, I will be in big trouble, right?
You would be but they don't mail suit papers a process server has to hand them physically to you and you sign for them...so that ain't likely sweetie...just as 'life' said, least ways never ever heard of that...you could ask your adjuster that as well..but you have to sign for them so that they can PROVE you had them..that way if you do not 'answer' they win by default.Posted: Wed Oct 22, 2008 01:41 am Post Subject:
Dear All,
Thank you very much for all of your support and input, I could not have overcome my fear without your kind explanations. :)
I would like to give an update on my case, I have been calling my adjuster once every week to follow up on my case status, according to my adjuster, my case is still pending, waiting for the other partys' medical bills and chiropractic treatment bills, etc. My adjuster said that my insurance carrier have the photos of our car damage and my adjuster says this is a minor accident, even though the other party is claiming neck and back pain, pain and suffering etc., but my adjuster said that my case will very likely settle within my BI limits unless the other party's and their attorney is planning on something bad.
I will continue to follow up and come back with any concerns. :wink:
Thank you all once again and wish you all a very happy and joyful holiday season to come. :D
Posted: Wed Oct 22, 2008 09:34 am Post Subject:
Thanks for the update Niki....stay in touch with your adjuster (and us! :wink: )
Posted: Wed Oct 22, 2008 10:58 am Post Subject:
Glad to hear that you calmed down and things are looking up for you. We really like when somone comes back and keeps us updated...thanks.
Posted: Wed Feb 25, 2009 10:07 pm Post Subject:
Did Niki dislose his/her policy limts to the other party
Posted: Thu Feb 26, 2009 09:30 am Post Subject:
Did Niki dislose his/her policy limts to the other party
Disclosing the policy limit isn't mandatory everywhere. May be in some states you are required to inform the other party about your policy limits, but in many others its remains a choice of the adjuster to divulge the limits to the claimant. Groundnut
Posted: Fri Feb 27, 2009 01:55 pm Post Subject:
Did Niki dislose his/her policy limts to the other party
I'm sure that Niki did not...and seriously doubt her adjuster did either...Posted: Fri Feb 27, 2009 03:34 pm Post Subject:
I believe the only time that limits have to be shown is if they are settling for the limits. Once a limits decision is made the other company will have to show the declaration page from the insured policy to prove these are in fact the limits.
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