Legal Question in Personal Injury in California
Demand for Policy Limits
A few months ago my daughter hit a pedestrian. The pedestrian is a 73 year old woman, and my daughter hit her going about 3 miles an hour (no damage to car whatsoever). The woman was in the process of standing up (after having bent down to pick something up) and was knocked off balance and fell down and hit her head (small cut, and EMT's treated her at scene). Up until now: $344.00 in medical payment. Now, almost 3 months later, the woman has a lawyer who is demanding our ''Policy Limits'', and he says the woman has had 2 brain surgeries, and her lawyer has sent no proof of the claims. I should say here that my daughter is 18 years old, and that the car she was driving is in our (the parents) name, as well as our insurance (which she is legally on). The person handling our insurance told me that the claim is suspicious, and that they've gotten no bills for brain surgeries. Our insurance company will not give out our limits to anyone, but we've been notified that they are sending us a document to sign, either giving our limits or not: to the woman's lawyer.What is the right thing for us to do when we get this document?
5 Answers from Attorneys
Re: Demand for Policy Limits
The claim may very well be suspicious and the legal burden is on the lady and her atty to prove the case. In my opinion, it's OK to let someone know what the liability policy limit is. The other atty could easily find out just by filing a lawsuit. Advising of the limits does not mean your ins. co. will pay it. Your ins. co will still defend you and refuse to pay if the plaintiff cannot justify her claim.
Re: Demand for Policy Limits
You should not be speaking with these people unless you have an attorney to speak for your. Contact the insurance company right away and they should provide you counsel.
Re: Demand for Policy Limits
The attorney can obtain the limits.
Re: Demand for Policy Limits
I say give the claim to your insurance carrier and let it worry about what to do. That's why you have insurance, thankfully, to avoid the worry. Hopefully, the carrier will be aggressive and demand to see medical records before it even considers doling out any money.
Re: Demand for Policy Limits
They will get it if they file a lawsuit, so why not provide it now. This is why you have insurance; you should demand your insurance company settle the case within your policy limits so that you are not personally responsible.
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