Legal Question in Personal Injury in California
Good morning,
My wife has regected a "pain and suffering" settlement offer by Mercury Insurnace Company, for a recent traffic accident she was involved with; and for this reason has choosen to take the matter to Small Claims Court.
Since she will be suing the other party involved in the accident, who will be represented by the insurnace company, is Mecury Insurance responsible for the payment of the settlement or the other party?
Sincerely,
Sergeant Danny Mastro-L.A.P.D. (Ret.)
2 Answers from Attorneys
Your wife should consider hiring an attorney. Generally these cases are far more valuable with an attorney involved.
But you are corrrect, she sues the other driver, and Mercury would be prevented from hiring a lawyer or speaking in court. Mercury will be responsible for any Small Claims Judgment, however sometimes Mercury will help the defendant driver to ap peal the Small Claims decision, and then Mercury can hire an attorney to represent the driver and Mercury at the appeal level.
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