Legal Question in Personal Injury in New Jersey
I was in a car accident that incurred multiple fractures in my back and the foot. Currently, the passenger of the other car has filed a lawsuit against me for her injuries. My insurance has offered my policy amount without going through discovery process. However, the plaintiff is trying to get $xx amount (which he has not disclosed to my insurance) thru "underinsurance" component of her policy. The questions I have are (i) Is the plaintiff's lawyer required to disclose the amount he is trying to collect thru "underinsurance"? and (ii) what should I do to protect my assets as the her insurance company can come after me?
I would highly appreciate your help and recommendations.
2 Answers from Attorneys
Your insurance company should hire a lawyer to defend you. Did they?
atty davies is correct that your insurance company should have hired a lawyer to defend you. however if your company tendered its policy and it was accepted then its duty to defend probably ended. also your ins co may have secured a release of liability for you. i suspect that is what happened and you should simply ask your adjuster. if it did not, it may have violated a duty owed to you. typically when the policy limits are offered the underinsurance carrier will either consent to you being released or itself pay those limits and preserve its subrogation (reimbursement) rights against you. idk n jersey law and you are safest to consult with a n jersey lawyer especially if your company did not secure a release. as far as assets, again check with the n jersey lawyer but not all classes of assets are attachable and it is too late now probably to start transferring things. you may be unduly worried but to be on the safe side consult a new jersey lawyer especially if there is not a release. good luck.
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