Legal Question in Personal Injury in California
hi i hit a lady with my car. she was riding her bike inappropiate so my insurance refused to pay for any thing and now she is sueing me. i failed to appear to court for the first time so i filed the form motion to vacate the judgement but the judge deny it so now i filed a new form to appeal i want to know what else can i do or what are my options
2 Answers from Attorneys
You need to immediately inform your insurance company of all that is going on. They will provide an attorney. Even though they rejected the claim they owe you a duty of defense. You should have told them when you first knew of the lawsuit. They will ask why you did not tell them then. They will pay what ever damages are assessed.
Mr. Shers is wrong, by not informing them of the lawsuit and especially by letting it go to judgment AND denial of a request to set aside the judgment, the insurance company will point to the notice and cooperation clause in your policy and may deny coverage or even defense. But Mr. Shers is quite right that you MUST notify the insurance company IMMEDIATELY. I STRONGLY suggest you hire your own attorney right now too, to cover things until the insurance is sorted out. You are already at 11:59pm on being totally responsible for paying the lady.
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