Being asked to sign Declaration Of No Excess Insurance

[Deb B]

California

My daughters brakes went out and she rear ended someone. They only had damage to the bumper but they are asking for more than the $50,000 that my daughters policy covers for injuries. They asked her to sign a Declaration of No Excess Insurance. What are the risks associated with signing this and should she sign.

 

[Zigner]

California

My daughters brakes went out and she rear ended someone. They only had damage to the bumper but they are asking for more than the $50,000 that my daughters policy covers for injuries. They asked her to sign a Declaration of No Excess Insurance. What are the risks associated with signing this and should she sign.

Your daughter should discuss this with her insurance company.

 

[Deb B]

I am wondering if anyone knows anything about this?

 

[Zigner]

I am wondering if anyone knows anything about this?

There is no way that WE can tell you anything except that your daughter ought to consult legal counsel. Her insurance company should be providing for her defense.

If your daughter is a minor, then you will be involved. Otherwise, this is on her to deal with. Please tell her to contact her insurance company.

 

[Deb B]

We do not have money for legal counsel. That is why I am posting on this site. Someone may be able to tell me about the risks of signing such a document.

 

[Zigner]

We do not have money for legal counsel. That is why I am posting on this site. Someone may be able to tell me about the risks of signing such a document.

Was your daughter insured, as legally required? If so, her insurance will provide for legal defense. CONTACT THEM.

 

[Deb B]

Why do you have a forum for free advice and then refuse to give any information. Is this forum free advice or NOT. Are members not allowed to tell others risks of a document??

 

[Zigner]

Why do you have a forum for free advice and then refuse to give any information. Is this forum free advice or NOT. Are members not allowed to tell others risks of a document??

We are you so adverse to you (or your daughter) speaking to the insurance company?

 

[Deb B]

I am not adverse to it, but I should get as many opinions as possible so we are fully informed to make a decision. Why are you so adverse to having someone answer my question. The insurance company may not mention something that someone else would. I am going to have her speak to them, but there shouldn't be any resistance to hearing others.

 

[Zigner]

My opinion has already been stated. If you don't understand a legal document that you are being asked to sign, then you should consult with a legal professional. You are being provided defense by your insurance company. Speak to them, as they will have all the facts as they relate to your situation. For us to tell you anything else would be irresponsible, and likely would exceed the scope of this forum.

(This applies to your daughter as well)

 

[PayrollHRGuy]

Your daughter should not sign ANYTHING related to this matter without the counsel of the lawyer representing her be that lawyer hired by your daughter or the insurance company.

That said, and this is not advice on how to deal with the Declaration of No Excess Insurance, the declaration is simply saying there isn't another policy that the claimant to look to for more coverage. One example of this might be an Umbrella Policy.

 

[NeilTheCop]

What do you mean by "Her brakes went out"?
Modern braking systems are pretty good with many failsafes such as split systems and more warning sensors than you can shake a stick at. Brakes don't just "go out".
What did the garage say?

 

[Zigner]

Several years back, I was driving on the freeway in the #3 lane. Traffic in the #4 lane came to a sudden stop. A car in the #4 lane made a quick lane change in to my lane, and the driver behind that car ended up plowing in to the stopped vehicle (she was obviously following too closely). The driver of the car who rear ended the other car was saying over and over again "my brakes wouldn't work". I saw and heard her brakes lock as she tried to stop. The brakes worked fine, it was the driver who failed.

 

[Deb B]

Actually, her brakes did go out. She had just bought a used car and it turned out that other people with that type of car have had the same problem. We wanted and asked the insurance to investigate so she wouldn't be blamed, but they wouldn't do it. It seems like this forum is hostile. I will try elsewhere.

 

[LdiJ]

Why do you have a forum for free advice and then refuse to give any information. Is this forum free advice or NOT. Are members not allowed to tell others risks of a document??

Because an insurance company is required to provide their insureds with legal counsel if sued. Because an insurance company is required to defend their insured. If your daughter is avoiding involving her insurance company in that manner then she is being extremely foolish, and we won't help people mess themselves up.