Legal Question in Personal Injury in California

Obtaining Liability Insurance Information on Responsible Party's Policy

My 17 year old son was a pedestrian at a marked 3-way stop intersection. His friend, appparently horsing around failed to stop at the stop sign, on the wrong side of the roadway, he hit my son ruptured his spleen. He also received facial lacerations, broken teeth, and other injuries. The medical bills are substantial and we are trying to determine the liability limits on the policy covering the responsible party's vehicle. How can this be done?


Asked on 3/29/00, 6:38 pm

2 Answers from Attorneys

John Hayes The John Hayes Law Offices

Re: Obtaining Liability Insurance Information on Responsible Party's Policy

As Mr. Levy stated, the insurance companies are not required to release the amount of the policy limits. However, there are things that can be done to get this information. In addition to other insurance policies that cover your son, you may be able to get the doctors' bills reduced. There are a few good reasons to hire an attorney. One, by law if you hire an attorney and your son's bills were covered by his health insurance they are required to reduce by their lien by a third. If his bills far outway any settlement money you receive they may be willing to settle for less so that they can get paid. Two, your son is a minor and therefore if the case settles for more than $5,000 a judge has to approve the settlement and special papers have to be filed. Three, and most important, you and your son need to focus on recovery. Neither of you need to deal with the daily stress of insurance adjusters and fighting off doctors who want to get paid. My wife and I run my law office together. I have been specializing in injury accidents for over a decade. If you are not looking to hire an attorney but need some advice on how to handle the situation please feel free to contact my office toll free at 877-546-9918. The consultation is free. If you prefer, you can email me with any questions you may have and I will try to answer them with the information you provide. Just so you know, names are not posted with questions so please remind me about your case at the beginning of your email or phone call.

I look forward to hearing from you.

Sincerely,

John Hayes, J.D. Esq.

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Answered on 4/04/00, 1:24 am
Steven Levy Law Office of Steven R. Levy

Re: Obtaining Liability Insurance Information on Responsible Party's Policy

You can find out whether or not there was coverage from the police report and/or SR-1 (a DMV form required after an incident such as this). However, if the opposing insurance carrier is not willing to voluntarily tell you the policy limits (and most will not do so these days), the only way you can "force disclosure" is during formal litigation (interrogatories during discovery). You should also be aware that there may be insurance available beyond the other party's through your uninsured/underinsured motorist coverage. You should consult with an attorney experienced in personal injury.

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Answered on 4/03/00, 4:13 pm


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