If Iwas at fault in a car accident and my policy limit does not cover the claim by the other party’s insurer, what are my options?
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If Iwas at fault in a car accident and my policy limit does not cover the claim by the other party’s insurer, what are my options?
Currently, I just received a demand letter from the other insurance’s lawyer wanting for me to make an offer to pay the remaining balance not covered by my policy. As of the moment I don’t have a ready cash to offer, I already offered a monthly payment but they declined it. Is it safe for me to deal directly to the other party’s lawyer to reach a settlement or should I get a lawyer of my own.
Asked on October 15, 2010 under Accident Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Let's back up, shall we? Was there a lawsuit brought here? Were you assigned counsel in the lawsuit? Was there a trial and did it result in a judgement over and above the policy amount? And your insurance company paid out the policy? Did they advise you BEFORE the trial to get your own attorney as well if the amount sued was in excess of the policy? They should have. Asn was there a demand for the entire policy as full settlement before the judgement and the policy was NOT tendered at that time? That could be known as "bad faith" and if that is present the insurance company could be on the hook for the entire judgement. And if there was a trial and an attorney that represented you they represent YOU and not the insurance company and they should have offered you their services (for a fee of course) once your policy was tendered. They technically still represent you in the matter. If none of the above makes sense to yuo then I fail to see how you are obligated to pay anything at this point. Do not deal with the lawyer form the other side at all anymore. Get an attorney yourself and quickly. Get a good attorney who knows the issues of coverage as well as car accient cases generally. Good luck.
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