by Clipguy2003 » Mon Apr 23, 2012 07:35 am
I recently hit another car, and the accident was deemed by police and the insurance co to be my fault. At the time of the accident, paramedics came to the scene, but all the parties involved stated that they were fine and declined any treatment. Police came to the scene but I was not cited for anything. This is in CA.
In dealing with my insurance company, they initially told me that since the incident seemed minor, they expected any claims would be settled within the limits of my policy.
However, the driver of the other car has now hired an attorney and filed a claim that is more than 500k over what my policy will cover. They supposedly have long-term medical issues that have been exacerbated by the accident.
Now I am not sure where to turn. So I have a few questions:
Although the insurance company says they will provide an attorney if it gets to that point, I am wondering if I need to hire my own attorney to protect myself.
I was driving my car while on a work-related job, during the work day, So will my insurance company get my employer's insurance involved? Could that potentially help me?
Do the other parties have access to my financial records (ie: do they know if I have assets they can try to collect?)
Thanks for any help. This is really stressing me out.
In dealing with my insurance company, they initially told me that since the incident seemed minor, they expected any claims would be settled within the limits of my policy.
However, the driver of the other car has now hired an attorney and filed a claim that is more than 500k over what my policy will cover. They supposedly have long-term medical issues that have been exacerbated by the accident.
Now I am not sure where to turn. So I have a few questions:
Although the insurance company says they will provide an attorney if it gets to that point, I am wondering if I need to hire my own attorney to protect myself.
I was driving my car while on a work-related job, during the work day, So will my insurance company get my employer's insurance involved? Could that potentially help me?
Do the other parties have access to my financial records (ie: do they know if I have assets they can try to collect?)
Thanks for any help. This is really stressing me out.
Posted: Tue Apr 24, 2012 07:04 am Post Subject: Insurance help
Have you informed your insurance company that you were driving for job related purposes? Your insurer might deny coverage, since you were driving for your job purpose. Again, your employer's insurance will only pay if the insurance contract specifically allows you to make use of your personal vehicle for job related purposes.
See, you can always get your own attorney. Not that you need to, but you may if you want. If the insurer denies coverage, they definitely won't provide an attorney. In that case, a personal attorney will guide you in every way.
As to your third query, if this has been dragged to the court, they definitely do have access to your financial records.
Posted: Tue Apr 24, 2012 07:14 am Post Subject: worst answer
Okay, I don't mean to be rude, but you don't seem to have any qualifications to answer a question like this. I don't know all that much myself, but I know that a lot of your answers are wrong. For instance, you have to disclose to your insurance co. if you were driving for work-related business. And obviously I can hire my own attny if I want to. I was looking for some expert advice here.
Posted: Tue Apr 24, 2012 02:13 pm Post Subject:
I am wondering if I need to hire my own attorney to protect myself.
You would only need to do this if your insurer denies coverage -- your insurer will not pay for the cost of an attorney you hire without their prior approval, and you typically don't need separate representation if the insurance company is providing you with a defense.
As for driving during the work day, you may or may not be covered by your personal auto policy. If driving for your employer is merely incidental -- such as running an errand for the convenience of your employer, your personal auto policy will provide coverage. If your vehicle is used for regular commercial purposes, such as delivering supplies to customers or as an outside salesperson, that could be a trickier issue. The language of the contract will control.
Obviously, your insurance company needs to know all the facts, as does your employer's insurer.
As far as being sued for an amount beyond your policy's limits of liability, that happens all the time. The specific damages (property losses, medical treatment for physical injuries) are not payable in any amount greater than their actual numbers. General damages, such as "pain and suffering" and "disfigurement", are discretionary, and they have to be proved. Just because someone was in a collision does not mean they are entitled to "pain and suffering" compensation.
Do the other parties have access to my financial records (ie: do they know if I have assets they can try to collect?)
It's all part of the discovery process as the case progresses through the legal system.
No need to be "stressed out" unless and until you discover that you have no insurance coverage at all. The lawsuit probably assumes you do not have sufficient assets, and I would be surprised if it does not name your employer as a co-respondent (asserting culpable negligence and/or vicarious liability), knowing that your employer probably has a multimillion dollar liability policy available and waiting to be attacked.
[Your duplicate post as Guest T10001 has been deleted as unnecessary]
Posted: Tue Apr 24, 2012 02:27 pm Post Subject:
See, you can always get your own attorney. Not that you need to, but you may if you want. If the insurer denies coverage, they definitely won't provide an attorney. In that case, a personal attorney will guide you in every way.
Don't bet on it. Most PI attorneys have no true litigation experience at all. They simply file claims (often software-driven boilerplates) and accept settlements, collecting their 30%-40% without ever having to stand before a judge or jury and actually argue the merits of a case.
But when it comes to defense attorneys, as in this OP's situation especially, you would need someone with significant actual trial experience, to be able to cite and argue relevant case law that supports your side of the matter. Most rookies would not necessarily have the skills you need, and definitely would not if they have never actually litigated a case (or been a supporting attorney at trial in a larger firm).
Insurance law is a genuine specialty, and not all attorneys realize or appreciate this. I know this because some rely on me to help them understand products and contracts. The defense attorney your insurance company provides to you . . . you can probably rely on him/her to do as good a job they possibly can. They are not just working to protect you, but the insurance company as well.
Posted: Tue Apr 24, 2012 05:40 pm Post Subject:
Your insurance company will inform you to hire your own attorney. Usually this happens when the insurance company is going to settle for the limit of liability insurance and the amount of the judgement is going to be more than the limit of liability insurance.
The injured party's attorney will get the employer involved and their insurance if the employer has the coverage. Involving the employer and/or their insurance is a indirect benefit to you because the injured party has another source of funds for recovery. Your insurance company looks to other sources to get reimbursed for settling your claim. :)
Posted: Wed Apr 25, 2012 07:09 pm Post Subject:
Your insurance company will inform you to hire your own attorney.
Almost never. This would only be true if they were denying coverage for the loss in its entirety. And even then, they could still be obligated to provide a defense.
The response of this anonymous guest is entirely unreliable.
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