Legal Question in Insurance Law in California

suing your own insurance company

we were in a car accident and have an attorney.

none of the persons involved in the accident

can pay for the costs of medical bills incurred because 1. the leaseholder of the car who hit us

maintains the driver did not have her permission to drive the car. the leaseholder of the car says they are not responsible. the inaurance company

i have is supposed to pay the bills. the case is not

setttled and we are being referred to collection agencies and our very good credit ruined. can we

sue our insurance company? our lawyer says no but

i dont know whether to believe this or not. thank you for your time.


Asked on 9/02/01, 7:56 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: suing your own insurance company

you can sue your insurance company if the insurance policy says they must pay the bills and they do not.

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Answered on 10/01/01, 11:44 am
Steven Murray Steven W. Murray, APC

Re: suing your own insurance company

If your policy provides medical payments coverage, then medical bills should be paid for all those injured per the actual coverage.

But I would not take the leasholder's coverage denial so lightly - it sounds like it is a rental company. Whether it is or not, make sure your attorney deals with the statutory requirement of permissive user coverage and what constitutes legal "permission."

Also check out the registered owner's liability for the statutory minimums ($15K/30K)

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Answered on 10/01/01, 4:37 pm


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