Legal Question in Personal Injury in California

So I'm currently suing an insurance company and they keep stalling for 3 years now. We just had a trial setting conference and the defense counsel didn't even show up. But they have the audacity to demand more answers to irrelevant questions and then threaten me saying that if I don't give them the answers they will have be filing a motion to compel the responses and request monetary sanctions for having to do so. What can I do, they screwed up my life and now they are threatening me? Any advice would be helpful thanks.

Barrel in the Vineyard Case Guy


Asked on 10/18/10, 10:21 am

7 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

You orta consult with an insurance bad faith attorney. They will porobably give you a half hour of free advice.

Read more
Answered on 10/23/10, 10:40 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The audacity of those insurance company lawyers. If they don't even show up for court they must have a low opinion of your case. So what results did you obtain when you served your discovery on them?

Read more
Answered on 10/23/10, 10:42 am
Robert F. Cohen Law Office of Robert F. Cohen

If you think they've asked too many or repetitive questions, you could write them a letter saying so. If that doesn't help, you could file a motion with the court for a protective order. This is why people hire attorneys, to get aggravated for you and lift the burden off your shoulders.

Read more
Answered on 10/23/10, 11:10 am

The other answers are correct, however, unless you file a motion for a protective order against having to answer the questions, they will succeed in a motion to compel answers. You also need to know that they are free to ask "irrelevant" questions about anything they like, if they can make any reasonable argument that it might lead to the discovery of admissible evidence. Courts do not like people who refuse to answer discovery questions, unless the questions are totally abusive and out of line.

Read more
Answered on 10/23/10, 11:56 am

I should also mention that it is very unusual for a person to be suing an insurance company in pro per with any legitimate case. Unless you are suing your own insurance company for some malfeasance in handling your policy or someone else's claim under your policy, you almost certainly have no case. For over a couple of decades now, it has been the law in California that you cannot sue "the other guy's" insurance company. The only person with rights against an insurance company is the person insured under the policy. So unless you are the insured and your own insurance company has done something wrong, I can see why they are not paying much attention to your case other than setting you up to be dismissed for refusing to respond to their discovery questions.

Read more
Answered on 10/23/10, 12:34 pm
Tina Chen Law Office of Tina Chen

To add to Mr. McCormick's response, not only will their Motion to Compel be granted, but their request for sanctions/attorney fees against you will also be granted. You need to make sure you either respond to their questions or file a Motion for a Protective Order.

Read more
Answered on 10/23/10, 5:03 pm
Robert Worth Robert J. Worth , Professional Law Corporation

Insurance bad faith is a very complex area of the law. Civil procedure/discovery can also be difficult for a lay person to understand. These very experienced attorneys have made several suggestions to you that you may not have been aware of. Knowledge of the motions is not the only problem. You must know the law, court rules and civil procedures. You are taking a big risk in representing yourself. Would you practice medicine by performing surgery on yourself too? You get what you pay for in this world. Why would you want to practice law without a license (even if your are allowed to) especially if you are opposing licensed counsel? The only place for you to be your own lawyer is in small claims court. It sounds like you have more questions than you should for someone who feels that legal counsel is not something you need or want to pay for Mr. Guy. I suggest you reconsider your position.

Read more
Answered on 10/27/10, 10:54 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California