BigStewMan said:
i live in california. being sued, my insurance co. AAA agrees that 100% fault belongs to other driver. He sues anyway (he's actually naming 13 defendants). AAA says they will represent me in court. Should I have a personal lawyer to protect me? I'm sure insurance lawyer's primary concern is to the insurance company. what if they settle just to get this guy out of their hair--I don't want a judgement against my name.
My response:
Unless the defendant is claiming damages in excess of your policy limits, you don't need "Cumis" counsel (i.e., your own attorney). The insurance company's attorney's first duty is to you, the client. Whether you believe that concept or not, is not the issue. That concept is found in the Rules of Professional Conduct in California. Unless there's a "conflict of interest", e.g., the defendant is suing you AND the AAA, you're not entitled to Cumis counsel. But, all of this doesn't mean that you can't hire your own attorney anyway to oversee this matter. It just means that AAA is not going to pay for such other counsel.
In California, you have ABSOLUTELY no say-so whether or not an insurance company decides to settle or not. It's in your policy.
Good luck to you.
IAAL
