Legal Question in Insurance Law in California

slip and fall law suit

I am being sued for a slip and fall case. I have insurance and an attorney assigned to the case.

Can I pay the suit myself without putting myself in a bad position? If the insurance company is willing only pay the plantiff a certain amount the the plantiff demand, could I pay off the balance?


Asked on 5/03/06, 11:05 pm

2 Answers from Attorneys

Steven Murray Steven W. Murray, APC

Re: slip and fall law suit

If you have insurance, why would you want to do that? In general, if your insurer is agreeing to pay the loss and defend you against it, you cannot take over the case without letting the insurer off the risk.

But if the insurer and attorney are not doing right by you, that is a different story. Then you need to contact your own personal attorney who will be able to "readjust" the circumstances.

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Answered on 5/16/06, 5:12 pm
Andrew Magwood Andrew A. Magwood Attorney at Law

Re: slip and fall law suit

If you pay anything without the insurer's consent it may be considered a "volunteer" payment and you would not be able to recover it from your insurer. Your insurer will only be able to settle if you get a full release.

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Answered on 5/17/06, 10:40 am


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