Found an issue on this page? Let us know and we will look into it as soon as possible.
What is my time frame before sending in the letter i got from a personal injury lawyer for an incident that happened before
Anonymous8 views5 answers
to any personal injury lawyer out there: i was at a ball game with my friend on sept 13th 2010. i accidentally hit my friend in the face. i didnt mean to hit him on the face. however, the security had me arrested anyway. anyway, i got a letter from scott's lawyer stating that he's representing scott for the injuries sustained as a result of my neglicegence on sept 13 2010. it said please refer to any available insurance carrier i may have. Now my question is, the letter is dated on october 1st. do i have a time frame on when to send it to my liability insurance? the letter doesnt sound like a lawsuit where i have to go to court like a summons. it just says please refer to insurance company. Does anyone know if there is a time frame like maybe within 30 days?
First, I am not licensed in Connecticut, and do not know if there is a specific law in CT that might speak to this. However, from my experience handling personal injury claims over the last 17 years, I would encourage you to fax or hand-carry a copy of the letter you received from your friend Scott's lawyer to your insurance agent as soon as possible.
Once your insurance company has a copy of the letter, several duties and responsibilities may arise for your insurance -- including possibly a duty to defend you (if you are eventually sued), and a duty to try to get this case settled (if it is meritorious).
There is no good reason to delay. If you wait an unreasonable amount of time to inform your insurance company, the company may claim that you have prejudiced its ability to defend you, and may try to provide you with no coverage at all.
Your insurance policy is a shield standing between you and a lawsuit. If you are sued, the insurance company defends you and pays under its policy. Your obligation is to do nothing that will impair the insurer's ability to defend you. Failing to give prompt notice of a potential claim is one of the things that can impair the insurer's ability to defend, and under some circumstances, they can deny you coverage. Notify them immediately. Read your insurance policy.
The response given is not intended to create, nor does it create an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Consult an experienced lawyer in your state for specific legal advice.
simply put, if you delay giving notice to your insurance carrier, they might deny coverage. Read your policy for the actual time limits. but I suggest soonest.
You should send this letter to your Homeowner's carrier as soon as possible. It is likely that your insurance company will defend you in this action, provide a lawyer for you, and pay any settlement or verdict against you. However, you have an obligation to cooperate in your defense and this begins with putting your carrier on notice of the claim. I do not know if there is a time limit to do this, but there is no reason to delay.
Remember that this letter from an attorney concerns a potential civil law suit for money damages, which is separate and distinct from any criminal charges you may face from the incident and your arrest.
If you do not promptly provide your insurance company notice of an incident like this, it may under some circumstances jeopardize coverage. Most policies have a notice provision that requires you to report a claim within a certain amount of time. Without looking at your particular insurance policies, no one can tell you when and if you need to report.
You should also be aware that most liability policies have exclusions for intentional and/or criminal acts. If you were arrested for punching your friend in the face, it could be a basis for the insurance company denying coverage.
Your best bet is to hire an attorney to walk you through these issues.