Legal Question in Personal Injury in California
Why did my insurance refuse to pay?
In Aug, 2001 I was involved in a fender bender with a company vehicle. No one was injured and no police report was filed. We exchanged info and I reported it to my employer's insurance. I thought that was that. One year later I got a notice from the other person's insurance demanding payment for damages from me! I called my former employer regarding this, and faxed a copy of the notice, and that was that. Now I am being summoned for the damages. I have been told that my former employer's insurance refused to pay for the other person's damages and now they are after me. Can they do that??
4 Answers from Attorneys
Re: Why did my insurance refuse to pay?
you need to "tender" the defense to both the employer and to the employer's insurance company. They should provide to you both a defense and indemnification.
Joel Selik
www.seliklaw.com
Re: Why did my insurance refuse to pay?
Thank you for your inquiry. An insurance company has three years from the date of the incident to sue for reimbursement of damages paid through insurance, i.e., subrogation.
If you were within the course and scope of your employment, your employer can also be sued. It may be that there was an issue of coverage, and that the employer didn't have insurance at the time, or the insurance policy didn't cover it. If you had automobile insurance at the time on your own, you should send a copy of the summons and complaint to them immediately.
If not, you will need to file an answer or a bankruptcy within 30 days of being served.
I hope this helps, but if you need legal assistance, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can.
Re: Why did my insurance refuse to pay?
You have to find out why the ins. co. for your former employer is not covering this. You need to contact the claims rep for the carrier and get specific info. The other party has to sue you as a defendant but you should be able to turn that over to the carrier for the vehicle you were driving. If there were a major coverage issue and you were not covered, you could go to your own vehicle ins. co for possible coverage. If you are in Orange County, I'd be glad to look at everything and see what I can find out. You may have to hire an atty in your area.
Sam Eagle 714-963-5123
Re: Why did my insurance refuse to pay?
There are many reasons for the ins. co. denying the claim. The other party is now suing. Send a copy of the lawsuit to your employer to give to the insurance co. If you know the company, you can send it directly to them.