Should I release Bodily Injury limits of my policy to the other side's attorney?

4 views 3 answers
My car was involved in an accident. My mother was driving and she will be covered on my insurance. According to my car insurance provider, the other party retained an attorney (even though the claim isn't that old) and is presenting an injury claim against me and wants my insurance company to release info regarding the Bodily Injury limits of my policy. My choice is to consent to release the info, and I don't know which would be best. Also, should my coverage for BI not be enough and he decides to sue for more, am I liable since it's my car or does he go after my mom (who was alone in the car and had my permission to drive it)?

Attorney Answers

3
Gordon Alexander GlennPersonal Injury LawyerSan Diego, CA ·
Your carrier won't release that information without your consent. It is not unusual for a plaintiff''s attorney to request that information for the purpose of determining whether a policy limits demand would be appropriate. That is, if you have minimal limits, the attorney may offer to settle for that if the value of the damages exceeds your policy limits. On the other hand, if the damages are not too great and you have a large policy, it may make sense not to divulge it since it would not be to your advantage to do so. Owner liability is limited by statute provided the owner was not negligent in giving the driver of the vehicle permission to use it. For instance, if you knew the vehicle had a defect and let someone drive it, and the defect was a cause of the accident, you would have unlimited liability. Another example would be to let someone who is intoxicated drive your car. If these do not apply, chances are good that your liability would be limited to your policy limits. The driver, your mother, would have unlimited liability no matter what, since she was the cause of the accident. Good luck.
0 upvotes
Steven Kuhn ·
You should release your policy limits since if you don't the other attorney can just file suit and find out the limits through discovery. As the registered owner of the car, you are only liable up to $15,000/$30,000 for any accident involiving your vehicle under Section 17150 of the California Vehicle code unless you were negligent in entrusting the car to your mother or if your mother was doing something for you at the time of the accident. If the policy limits are not enough to cover the damages of the other party, your mother could be personally liable. If she owns her own can and has insurance on that car she can use that coverage to protect herself in addition to your policy.
0 upvotes
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
As I am not licensed in your state, I can only offer you general advice. Since you had insurance at the time of this incident, I see no reason for you to withhold the amount of that coverage. Many states have statutes which require the disclosure of your policy limits. Failure to disclose the limits can actually be an incentive for an attorney to file an early suit against you, simply so he can determine the amount of your insurance, which would be available through the formal court discovery process. If your mother has her own car insurance, be sure that the accident is reported to your mother's carrier as well. Her own personal car insurance will be additional coverage for the damages she may have caused in this accident. In some states, such as Florida, the owner of a vehicle can be found equally responsible for any damages caused by a permissive driver . Your insurance company or an attorney they appoint for you can advise you whether or not you, as an owner, have such responsibility in the State of California.
0 upvotes