Legal Question in Insurance Law in California

Auto Accident Liability Exposure

I was in a car accident earlier this year. I was found at fault. I was informed that the property damages exceeded my policy limits. I am told I am being sued for the excess amount. I do not have any assets or savings to speak of. What can happen to me if the exposure is in the $20,000 range? I have other liabilities (child support) that is in effect. If my income/expense ration is near 1:1, what options am I left with?


Asked on 11/13/02, 10:05 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: Auto Accident Liability Exposure

How did your insurer let this happen? It had a duty to defend your interests, distinct from its policy indemnification limits. Were you at fault, were you sued, how was this decided, did you agree? Did the claimant agree to accept the limits of your policy, did the insurer notify you that the claim was above your limits as soon as it knew, did the insurer pay your limits without your permission?

I would need to know the details of exactly how you got to this present situation before knowing if you have remedies, since you in fact may have a claim against your own insurer for putting you in a no-win situation which might have been avoided.

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Answered on 11/16/02, 11:39 am


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