Legal Question in Insurance Law in California
Parking Lot minor collision takes bad turn
In December, 2007, I was slowly backing out of a parking space after checking in my rear view mirror to be sure all was clear...it was, as I backed out there was a slight thud
a woman who had gotten into her car as I was backing apparently either staged an accident or didn't look. She jumped out of her car so fast and started yelling, ''it's your fault and don't you dare try to say it's mine.'' I told her to calm down or I will tell the insurance company it is her fault....she refused to reveal her insurance since she was so determined that it was my fault..I think it was hers but I was willing to compromise since we were both backing out although I was first and make it 50-50. The insurance companies agreed. Now, a year and a half later she is claiming extensive medical injuries, psychological and emotional distress and is suing me for punitive damages. My car didn't even have a scratch and hers had several all over with a bullet type dent in the door. She is also an attorneywho has changed law firms three times in the past year and a half. Can I demand for my insurance company to pay for cumis counsel to handle the punitive damages part of the suit?
2 Answers from Attorneys
Re: Parking Lot minor collision takes bad turn
If your insurance company handled the claim originally, it probably had the plaintiff sign a release which bars her from bringing this claim.
You can indeed turn this matter over to your insurer, but whether and how it will handle the dispute will depend upon when and how you initially informed it of the incident.
Re: Parking Lot minor collision takes bad turn
You need to have an attorney representing your interests and making sure your insurance company handles this case properly, whether insurance will pay for it or not. Of course I would do what i could to get your insurance company to pay for cumis counsel, and may have more success that you alone might.
Best,
Daniel Bakondi, Esq.
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