Legal Question in Insurance Law in California
Hi,
I was in a very minor car accident and the other driver has sued me - apparently he had to undergo surgery and wants me (or my insurance) to pay. My insurance company believes the other driver's claim is fraudulent so a court case is on. My insurance company has assigned an attorney and it is paying the attorney costs.
I have been served a trial date in the third week of April at a county court in CA. I am currently a resident of CA but I am moving to a different country permanently end of January. The decision and tickets were made before the trial date notice arrived. After the move, my income is initially expected to be very low and I also expect to be extremely busy. So the lack of both money and time makes it prohibitive for me to come to CA. Furthermore, if on the trial day it happens that no court rooms are unavailable then the date could be moved out and that makes my situation worse (more time and money - I dont have either). What are my options here? Would really appreciate some advice.
Thanks,
Anon.
1 Answer from Attorneys
Write a letter to your insurance adjuster and your assigned lawyer requesting to settle your case within your policy limits. If the accident was your fault tell them you admit causing it. Also tell them you do not want to risk getting a judgment and also you do not want to incur the costs for travel to CA for trial. Should your insurance company act against your interest consult an independent lawyer in order to protect your rights. Google the term "Cumis Counsel" for more information on that subject.
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