Legal Question in Personal Injury in California

Sued for additional $ over what insurance has offered to settle with

Was involved in car accident when my car slid out of my control on black ice into another car with 2 passengers. Driver claims knee and shoulder injury and loss of wages etc. over $100,000 which my insurance agreed to pay. victim was not visably injured at time of accident. I am being sued for an extra substantial amount in a civil trial. No evidence found that these injuries are NOT a result of the accident. I have witnesses proving car was out of my control.


Asked on 3/11/02, 3:25 pm

4 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Sued for additional $ over what insurance has offered to settle with

You need to have your personal attorney work with the insurance company hired attorney to get the case settled within your insurance policy limits.

Joel Selik

800-894-2889

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Answered on 3/14/02, 8:57 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Sued for additional $ over what insurance has offered to settle with

If your insurance company is defending the case you may have a bad faith issue if the matter could have been settled within your policy limits. You may wish to consult another legal opinion than that of your insurance companies lawyer.

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Answered on 3/14/02, 1:49 pm
Victor Hobbs Victor E. Hobbs

Re: Sued for additional $ over what insurance has offered to settle with

Your insurance company evaluated the case and made an offer to settle. This was not accepted, and there is presently scheduled to be a trial. This is pretty standard stuff. What's your question? Your insurance company will continue to defend you and insist on a jury trial. The judge will keep pressuring the parties to settled. Since you didn't tell me what your insurance limits are. And what the other party spent on their medical bills; and with whom and for what (all of which your lawyer and insurance company now knows) it's a waste of my time to write any more.

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Answered on 3/13/02, 9:25 pm
Patty Lewis Law Office of Patricia Ann Lewis

Re: Sued for additional $ over what insurance has offered to settle with

Are you saying that your insurance company will pay what the injured party demands?

If so, then why is there a trial . . .

if there is no evidence that the injury was not caused by the accident,then you're saying there is evidence that the injuries were caused by the accident . . . correct?

Is your insurance coverage sufficient to cover the damages claimed? If so, your insurance company will defend you . . . .if not you need counsel immediately.

If you have a trial date approaching you need to contact an attorney for a consultation to discern what you need to do, if anything . . .

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Answered on 3/14/02, 2:35 am


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