Legal Question in Personal Injury in California
Being sued for injury accident
I was at fault in an auto accident. The other party was injured and has refused the initial offer by my insurance company, and has filed a lawsuit against me. When the accident happened, I was on a dual-purpose trip: to print a document for my business, and to drop off a friend. In addition to my auto policy, I have a business general liability policy. Since part of the reason for my trip was business, would that business policy also provide coverage? How do the insurance companies divide up which one covers which parts?
2 Answers from Attorneys
Re: Being sued for injury accident
If both insurance policies provide coverage, they each pay a pro-rata share. The long discussion can be found here: http://www.calpiblog.com/2005/11/two_or_more_pol.html
The short portion of this is that each insurance company pays a percentage of the total.
However, if you have a general liability business policy it probably excludes automobile use. Your personal auto policy should provide coverage to you. However, you should report it to both companies and see if there is any other coverage that may apply.
Re: Being sued for injury accident
Make sure to tender the suit to both insurance carriers. Let them figure out how to deal with it and advise both of the other's potential coverage, as well. The injured party might be holding out for a better settlement knowing that you potentially have scads of insurance coverage.
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