Legal Question in Insurance Law in California

Rear-end Accident Law Suite

The other part whom I had rear-ended is suing me for $20,000, which is more than what my policy covers. My insurance company hired lawyers to represent me. My policy covers only the minimum which is $15,000. If the case goes to trial and I lose, am I obligated by law to pay the other party the remaining amount after my insurance company pays the minimum $15,000 dollars? Please respond. Thank you.


Asked on 5/15/03, 1:11 pm

2 Answers from Attorneys

Jeffrey D. Olster Russakow, Ryan & Johnson

Re: Rear-end Accident Law Suite

Yes, if the plaintiff obtains a verdict over $15,000, you will be required to pay the difference.

However, if this happens, you may have a claim for "bad faith" against your insurance company. You should talk to the attorney retained by your insurance company to find out why your insurance company has not settled the case. Ask him/her how much risk you face of a verdict in excess of $15,000.

If you are not comfortable with the responses you get, you should write a letter to both your attorneys and the insurance company requesting that they settle the case within your policy limits.

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Answered on 5/15/03, 3:03 pm
Steven Murray Steven W. Murray, APC

Re: Rear-end Accident Law Suite

I would write my insurer (the adjuster who is handling the matter) and my attorneys (who are probably house counsel for the insurer) and demand that the case be settled within your policy limits, at no cost or expense to you. Also ask for copies of all communications (past and future) to and from your lawyers to anyone, including to and from the insurer. If something doesn't feel/seem right, contact your own private attorney right away and don't let things get out of hand, since you could wind up being responsible. Pressure by you now could save you a lot of trouble later.

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Answered on 5/19/03, 4:07 pm


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