My daughter is covered under my insurance and rear-ended another vehicle going approximately 10 mph. The other vehicle had three tiny scratches on the rear bumper. However, my insurance company sent the letter stating "they have tried to contact me multiple times" even though this is the first letter I have received and they have "possible EXCESS bodily injury exposure". This letter also states they need pictures of all four sides of my daughter's car; I also have pictures of the other car. Do I need to get a lawyer? Both cars were drivable after the accident.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
If you have low limits, it would be prudent to retain local independent counsel. has a terrific "find a lawyer" tool to locate a top-rated attorney with a low fee. Good luck.
The insurance. Company is saying that the claims made by the person who was in the car your daughter hit is claiming injuries with a potential value in xcess of your policy limits. If for example you are carrying $10,000/20,000 Bodily injury coverage limits, your insurance company has valued the other parties claim if successful as over $10,000 the per person limits of your coverage leaving you potentially exposed to an " excess verdict" that is damages in excess of your purchased coverage limits. If the insurance company can settle the claim for at or under the policy limits they should do so to avoid bad faith exposure for leaving you exposed to this excess coverage potential. You may want to hire private counsel to make sure your insurance company protects your interests, though that is not required.
Do what your insurance company requests, cooperate with counsel and get yourself a lawyer, independent from the insurance lawyer, who will protect you and your interests. The notice means that the initial demand for damages from the other side exceeds the total amount of insurance coverage that was on the car. It is potentially a dangerous situation for you.
The amount of damage a car recieves does not necessarily establish that the car's driver was or was not injured. Minor damage car accidents can result in major injury cases and heavy car damage cases may result in no injuries. Cooperate fully with the insurance company. Demand, in writing, that they resolve this claim for your available limits. You may want to consult with an attorney, or retain one, who can "push" the carrier to settle within policy limits.
Cooperate with your insurance company. They will evaluate the validity and value of the claim. If you and your daughter are sued, the insurance company has a duty to provide you with a lawyer to defend the suit at no cost to you. In addition, your insurance company should make efforts to resolve the claims and secure releases within your policy limits. However, be advised that people can sometimes suffer very serious injuries from seemingly minor car accidents. If you have low limits, there could be exposure to an excess judgment. If that is the case, you can consult a private attorney to protect your own assets. Hopefully the other people weren't hurt to badly.
Excess exposure means the carrier is warning you that the injuries exceed policy limits, and you will be
liable for the excess. Your Carrier has a duty to protect you from excess exposure. This means the carrier must initiate settlement negotiations, investigate the claim and settle it when a reasonable carrier would and should have done so. If your insurance carrier does not protect your interest under the law and as required by the policy of insurance, the carrier could be liable for bad faith. In this instance, it appears that the carrier is contesting the Low impact of the accident and, as a defense, claiming that the injuries do not exceed policy limits. The letter you received is a boilerplate letter. Insurance companies routinely send these letters to make it appear that it is protecting your interest; however, at the same time, the insurance company is contesting the claim altogether. Speak with a bad faith lawyer.
