Found an issue on this page? Let us know and we will look into it as soon as possible.
Must I notify a party's insurance company when I have filed a small claim against their insured to recover damages?
Anonymous2 views3 answers
The at fault party's insurance company made a small offer to me as their insured was at fault for the accident and also found guilty in Criminal court. The amount offered did not cover my cost for treatment. I am suing the insured party (person that caused injury) and would like to know if it is my responsibility to contact his insurance company to make them aware of my lawsuit against their insured.
It's not your "responsibility," but it might be a good idea to let them know. If the defendant fails to tell his insurer of the small claims action, they could potentially deny coverage. That means you would be left to recover any judgment from the defendant personally which could be difficult if he/she does not have assets.
T. Shawn Howard
www.maginnislaw.com
I completely agree with Mr. Howard. I would even recommend that you notify the claims adjuster you have been dealing with by certified mail or fax. Another practical matter is that you show up on the day of the hearing, and the attorney for the inurance company is asking for a postponement because he just got notified. If the judge grants the postponement, at best you have to come back again another day and you might even lose a day's work. Perhaps the judge won't grant the postponement if you can show that the insurance carrier was notified them plenty of time.
Check with an atty local to you or with the small claims court as to whether the other side can have a lawyer or adjuster appear in small claims court. In Calif, the atty cant appear. An adjuster can but only limited as a witness.
The deft should notify his carrier when he is served. They may call you and try to settle. They may show up at small claims and try to settle. It doesnt really hurt you to tell them you are suing in small claims. maybe they willl improve their offer.
