Legal Question in Personal Injury in California
Hello I was involved in a minor auto accident in mid May of this year. I was coming out of a school parking lot with heavy traffic going very slowly. The car in front of me stopped and I did not see in time, I ended up rear ending them. There is minor damage to my bumper and about 2400 dollars in repairs to their new minivan. At the time of the accident the other driver and her kids got out of the car, no one was injured. The driver did not speak English so all conversation was through the kids translating. I admit it was my fault but now the other driver is suing for personal injury and has hired a lower requesting my insurance limits and umbrella coverage. Do I have to disclose this? I do not want my insurance company just paying them whatever they ask for, there is no way she should be entitled to an excessive amount of money from this accident. What are my options? I know insurance companies tend to just pay out. Can I fight this even though I was at fault?
2 Answers from Attorneys
1. Insurance companies do NOT just pay out. I mediate auto claims a lot and getting money out of the insurance companies is like pulling teeth. 2. With $2,400 in damage, this will go on your record whether you go through insurance or not. So don't think you are saving future insurance premiums by not turning this over to your insurance. 3. If you have already been sued you are obligated to turn this over to your insurance company. They will defend you in court and pay only what they believe would be recovered in court or less to settle the case. If you DON'T submit this to your insurance company, you may lose your insurance coverage.
What you should do IMMEDIATELY is turn the whole thing over to your insurance company and let them handle it for you. Do not respond to the other side. Notify your insurance company, send them everything they ask for, and let them take care of it. It's their problem now.
Follow Mr. McCormick's advice.
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