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Old 02-09-2001, 10:29 PM
play by the rules
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After 1 1/2 yrs of an auto accident, I received a summons.
I was at fault in the accident where a party is claiming injury and my insurance co. adjuster does not want to pay the amount requested by the other party. It has been negotiated by the attorneys I guess with no resolve. Isn't my insurance company responsible for the amount of my coverage.
Can the party sue me even though my insurance company is responsible in this. Do I have to turn around and sue my insurance co? Who has to pay?
The car was in my parents name and so was the policy. I was over 18. Who would they go after. The driver (me) or the policy holder (Parents).
What should I do, before going to court?
I live in Fl.
  #2  
Old 02-10-2001, 12:14 AM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally posted by play by the rules
After 1 1/2 yrs of an auto accident, I received a summons.
I was at fault in the accident where a party is claiming injury and my insurance co. adjuster does not want to pay the amount requested by the other party. It has been negotiated by the attorneys I guess with no resolve. Isn't my insurance company responsible for the amount of my coverage.
Can the party sue me even though my insurance company is responsible in this. Do I have to turn around and sue my insurance co? Who has to pay?
The car was in my parents name and so was the policy. I was over 18. Who would they go after. The driver (me) or the policy holder (Parents).
What should I do, before going to court?
I live in Fl.
My response:

Take it easy. Your insurance company doesn't have to pay on your policy until a judge or jury says they must. Your insurance company will defend against any auto lawsuit you're involved in, up to the limits of your policy.

The "formality" of a lawsuit is that YOU are named as the defendant. Your insurance company will defend you. If a settlement is made later down the line, your insurance company will pay. If you lose the lawsuit, your insurance company will pay. Not you.

Your only duty is to completely cooperate with your defense attorney. In other words, when he or she says "Jump", you say "How high ?"

Make sure that you send your insurance adjuster a COPY of the Summons, Complaint and all other papers you receive IMMEDIATELY. You send it by Certified Mail, only, with a cover letter with your name, address, telephone number, your policy number, and the date of the accident. You explain what you are sending, and you say, "I expect and demand, pursuant to my insurance policy, a timely and expedient defense to this matter. Please have defense counsel contact me as soon as this matter is assigned to defense counsel."

Good luck to you. And, remember, if you don't fully cooperate with your insurance company and defense counsel in a timely manner, you will cause yourself all sorts of problems.

IAAL
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