Legal Question in Insurance Law in California

could the other party in a accident risk their case by contacting me

The woman I was involved in a accident with contacted me about three weeks after the claim was filed. To keep it simple she told me that her husband didnt think that the damage to the car was bad enough to involve the insurance companies. I think they were worried that I didnt have insurance because his wife didnt collect any information from me. I carry full coverage. She then told me that she had a prior neck injury ,but since the accident she had seen her chiropractor and he told her that she was lucky that with the impact it didnt aggrivate her injury and that she would be fine. I was just served with papers and she is suing for $24000.00. This is being done months later because my insurance company wont settle. With the amount of time that had gone by and the infomation she gave me prior to hiring her lawyer can this stick or would it be a fraudulant claim. I also have a person that listened to the call. Does this help?


Asked on 7/31/00, 9:17 pm

3 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: could the other party in a accident risk their case by contacting me

You should have already reported this to your own

insurer, who will probably take care of all of it.

You can ask the defense attorney that your insurer

hires to protect you. If your limits are less than

the $24k, that may present a problem, but if you

have any questions, you may feel free to call me.

S. Murray

(818) 501-2277

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Answered on 9/12/00, 8:12 pm
John Hayes The John Hayes Law Offices

Re: could the other party in a accident risk their case by contacting me

Your insurance company is required to hire an attorney to represent you in this matter. I disagree with Mr. Murray's statement that if your policy is less than $24,000 it may cause a problem. Most cases such as this settle way before a trial in court and the settlement will be, at the most, your policy limits. It is just not worth going after a private individual because a personal injury lawsuit judgment is dischargeable in bankruptcy. Not that it would come to this but I wouldn't loose sleep over it. Let your insurance company deal with it that is what they do. As to her statements made to you and a third party make sure your insurance company's lawyer knows about it. Her delay in contacting anyone about her injuries will also be in your favor.

Sincerely,

John Hayes, Esq.

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Answered on 9/12/00, 11:24 pm
Ken Koury Kenneth P. Koury, Esq.

Re: could the other party in a accident risk their case by contacting me

Let me add my vote to that of John Hayes. While I�m sure the advice from Mr. Murray was well meaning, it may have raised more alarm than appropriate for this kind of case. I think the advice for Mr. Hayes was the best advice for you.

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Answered on 9/13/00, 2:42 am


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