Legal Question in Personal Injury in California
Insurance Company Liability for Default Judgment
I'm about to win a default judgment in an auto tort against a defendant who apparently did not request any defense by her auto insurer, which is aware of the lawsuit. The defendant has no money or assets. Is there a way for me to collect from the defendant's insurer, even though the defendant herself apparently hasn't asked for its help, or am I stuck trying to collect a judgment the indigent defendant can't herself afford?
2 Answers from Attorneys
Re: Insurance Company Liability for Default Judgment
If the insurance company won't cooperate, you will need to file an action against the insurance company for a declaration that they are contractually bound to pay the judgment.
Re: Insurance Company Liability for Default Judgment
If you put pressure on the other driver, she will likely put pressure on her insurance carrier. May be able to go after the carrier, however, need more info.
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