Legal Question in Personal Injury in California
My son was involved in an at fault auto accident. My insurance company offered 30k to settle but the injured party wanted 40k., my insurance would not settle so now we are being sued. My coverage in 100k/300k with 50k property damage. My insurance company now informs me that I have a chance of having to pay out of pocket above and beyond my coverage.
so my question is do i hace a case against my insurance carrier? I feel thay should have settled
6 Answers from Attorneys
Your insurance company has a lot of room before you will ever have to pay out of your pocket. Yes, they possibly could have offered more, but you never know, yyour ins. co. may have gambled and won by chancing it and going to trial..
If they refused a settlement demand that's within your policy limits, they are liable for the entire amount of any judgment no matter how high. Otherwise they would be gambling with your money (think about it) and the law won't let them do that.
Just wait and everything will be settled. Yes, the insurance company has taken the chance by not settling within the policy limit and most likely would have to pay the entire judgment against you if the case is not settled within the policy limits. You still have a duty to cooperate with you insurance company so be patient since the insurance company has the right to fight the case so long as it does not prejudice your interests. They know that they will have to pay it all if the case ends up in a judgment over the policy limit. Most likely this will go away way before any trial if the difference of opinion regarding the value of the case is only $10,000.
If you have to pay anything out of pocket after your insurance company refuses a settlement demand within policy limits, your insurer will have committed insurance bad faith. The other answers that you need to cooperate in the meantime and that this will almost certainly go away without you paying anything are correct. But if it really comes down to you paying anything, give me a call. I'll be happy to discuss taking your case for no money until we collect.
Tell your insurance company that by law if a plaintiff offers to settle within policy limits, and the insurance company refuses, they are on the hook for an entire judgment, not you.
I would also request that they provide you with an independent counsel, because it sounds to me like they are trying to defraud you.
It is they who are on the hook, not you!
The previous answers are excellent. I strongly encourage you to speak with one of those attorneys or any other attorney competent in this insurance legal area. There are nuances and subtleties that should be navigated with caution. Contact my office if you seek an additional opinion or representation in this matter.