Legal Question in Personal Injury in California

I was involved in a boating accident over 2 years ago. A jet skier, who was drunk, drove in front of my boat and was run over. Now he is sueing me for over 1 Million dollars and my insurance says I only have 25K coverage for injuries in an accident. Can I counter sue him to get him to drop the case? My insurance company has offered him the 25K, but now his lawyer(s) are asking for a disclousure of all of my assets. I do own a home, but owe more than it's worth. IT WAS HIS FAULT!! Why am I now being sued? I cannot even afford my own lawyer and am relying on my insurance company to provide one for me. What can happen if he takes me to court?


Asked on 9/08/10, 4:32 pm

3 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

If you are being sued, you need to have a qualified and competent attorney to respond properly and immediately. If you do not, you will default, and the other side can obtain judgment without you even having a trial or opportunity to present your side. Insurance companies' attorneys do not always have your best interests at heart, and there may be a conflict of interest, which is why sometimes insured defendants hire their own attorneys as cumis counsel for just this purpose. This is a situation where the insurance company may have to pay for your independent attorney also, someone like myself. Please let me know if I can assist in protecting your rights, and maybe bringing a motion to have this lawsuit thrown out.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 9/13/10, 4:56 pm

Did your insurance company reserve rights to deny coverage? Did the plaintiff plead any intentional wrong-doing? Anything criminal? Anything not covered by your insurance? Has the plaintiff offered to accept a settlement within policy limits and your carrier refused to settle? If not, then there is no conflict of interest and no right to Cumis counsel (Mr. Bakondi doesn't even know "Cumis" is the name of a party in a key case on separate counsel in insurance cases). As for counter suing, do you have damages? Are they worth countersuing? The insurance company is defending you but they have no obligation to proceed with an affirmative claim for you. So you would have to hire your own attorney at your expense to do that.

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Answered on 9/13/10, 11:35 pm
Patricia Meyer Patricia Meyer & Associates

There are a number of issues here that require you talk to a lawyer immediately and go over all the papers in your possession. Many lawyers will do an initial consultation free of charge. Then if you retain them you can work out a financial arrangement.

Patricia A. Meyer

Attorney-at-Law

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Answered on 9/14/10, 2:39 pm


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