Legal Question in Insurance Law in California
Auto-insurance policy limit disclosure
I was injured in an auto accident; the other party was entirely at fault. If the other party has a low policy limit, the bills will easily max out the policy. In this case, I stand to gain by accepting a settlement of the policy limit, without hiring a lawyer (although I would solicit legal advice on the issue of health insurance subrogation limits).
I would like to determine what the policy limit of the at-fault driver is. How do I do this? (Many law firm websites boast of having settled for the policy limit, so they must know what it is)
Obviously I can ask the insurance company. If they provide an answer, I presume they cannot lie, correct? (Railsback v. Mid-Century...but I haven't checked if that applies in Calif.) Correct?
If the case went to court, it is my impression that I could subpoena a copy of the policy and thus determine the policy limit. Correct? Suggestions for verifying the policy limit prior to filing suit?
1 Answer from Attorneys
Re: Auto-insurance policy limit disclosure
You are correct that the Insurance Company can not misrepresent the policy limit, but you should in writing request that they disclose it and whether their insured has any other insurance, excess or umbrella, and confirm that the other driver was not in course and scope of employment (another potential source of insurance) before you accept any settlment. The subrogation rights of your Health Insurance is a matter of contract and you should KNOW what your obligations are before you accept any settlement. Remember, once settled the claim/case is over and you should not take this step lightly.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
