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Should I consent to release information about my liability coverage in an at-fault accident?
Anonymous2 views4 answers
Two months ago, I was involved in an accident in which I was determined to be at fault. The other party (a motorcyclist) had minor injuries, for which first aid was administered at the scene. The other party has now contacted my insurance company to find out how much coverage I have. (I have well above the legal minimum.) My insurance company told me that this is not an unusual request, and that I should allow it to release the information. It does not seem to be in my interest to give consent. What would be the reason for doing so?
It is common for the insurance limits to be disclosed to the other side. In litigation, should you be sued, there is a good liklihood such information is discoverable by the other side.
The reason to release coverage limits information is to show the other side that there are funds available for compensation given that you are at fault for the accident.
If you are sued, your insurer will appoint a defense attorney to represent you.
If you release the coverage information now, if may (no guarantee) facilitate a settlement so you may avoid a court lawsuit.
I agree with attorney Brinkmeier's assessment. Often times, when the injuries and/or the followup care end up costing more or near the legal minimum amount of insurance required by law, an attorney would ask for the limits of insurance. If the limits are low, a policy limit demand is made and the case may get settled.
I hope this helps-
Nima Taradji
http://personalinjuryattorneyz.com
Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only.
The disclosure of the limits might help settle the case. This can avoid a lawsuit for you. If a lawsuit is filed, one of the basic questions always asked is what the liability limits are on the policy. It is a question which must be answered in the context of discovery, so if you refuse you will only delay the inevitable and possibly have to be involved in the lawsuit if one is then filed.
JOYCE J. SWEINBERG ESQUIRE
Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
In my letter of representation on behalf of an injured client, I always ask for the insurance carrier to inform me of the policy limits involved. It helps to resolve the claim and prevent litigation in some cases. Iif the limits are not revealed, I will simply file suit and obtain the information through formal discovery. Since the limits will be revealed at some point, it seems best to reveal them early on rather than force a lawsuit to be filed.
