Legal Question in Personal Injury in California
Disclosure
Is a person who has been in an car accident intitled to getting all insurance information regarding liability and medical paid of the person or company who hit him?
4 Answers from Attorneys
Re: Disclosure
No. The Insurance Privacy Act protects this information unless the insured specifically authorizes the release of the information.
Re: Disclosure
Only if there is a lawsuit. Otherwise, disclosure cannot be compelled.
Re: Disclosure
No. Policy information is considered private without the insured's approval to release it, befor litigation.
Re: Disclosure
In California, an insurance company is not mandated to disclose policy limits. After a lawsuit has been filed, a plaintiff can formally ask through "discovery" what the limits are and the defendant must answer.
There are various tactics seasoned personal injury lawyers use to find out the general amount of a policy.
A seasoned personal injury attorney can make a pretty educated guess as to the policy limits by accessing various factors:
Make and model of at-fault-driver's car. Checking real estate property rolls. If the at-fault-driver was "about the business of his/her employer" and the financial strength of the employer. The insurance company for the at-fault-driver.
If you have "uninsured/underinsured" coverage on your auto policy, it may fill in for any short comings of the at-fault-driver.