QUESTION
What are the limits of all insurance policies that pertain to an auto accident, defendant, and company?
Asked on Jan 22nd, 2014 on Personal Injury - Indiana
More details to this question:
Auto versus pedestrian interrogatories and depositions taken, court reporter, both attorneys and parties under oath and swear to tell the truth. What are the limits of all insurance policies that pertain to an auto accident, defendant, company and his attorney state only $300K. Because of that question if we go to court would we agree to a high low of 100k-300k. Agree to try mediation, just before it began new info he really has an umbrella policy of 1M. This is 3+years later. Does a mistake about coverage under oath repeatedly have any penalty to any of the parties? Insurance company, defendant or council it certainly has taken its toll on me 4 pe's I am lucky to be alive. He backed over me. Mediation was postponed. To date medical bills $200k
10 ANSWERS
Ronald A. Steinberg
The policy limits are chosen by the person when they buy a policy. In Michigan, the minimum is $20,000. People who have a lot of assets will protect them by having a lot of insurance.
Answered on Feb 12th, 2014 at 2:05 PM
James Eugene Hasser
You really don't give enough info here for your question to be answered, other than for me to say you need to discuss this with your lawyer. That's what you got him or her for.
Answered on Jan 27th, 2014 at 7:39 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you have clear liability (how did he back over you?) where were you and why? And you have 200000 in bills you may be entitled to a large verdict. If the coverage is 100/300 this means any one claimant is entitled to 100000 max. if there is an umbrella that may mean more money. you need to get a good lawyer to review this case for you. the statute of limitations is 3 years so I assume there is a case already PENDING AND YOU DO NOT HAVE A s/l PROBLEM.
Answered on Jan 27th, 2014 at 7:39 AM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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Whether penalties exist against any player in your action would be fact specific. You should speak with your attorney about that. Now that you have news of increased coverage, I certainly wouldn't be mediating under the "high/low" you referenced.
Answered on Jan 24th, 2014 at 10:05 AM
Since insurance can not be mentioned to the jury, I do not think the false statement can be mentioned at any trial of the case. So there is no direct penalty except you and your attorney trust the other side less. ?The high-low agreement is of course void since there was a material misrepresentation. I assume that you have asked your attorney these questions since he is not charging you on an hourly basis.
Answered on Jan 24th, 2014 at 6:58 AM
This is a question that should be directed to your attorney. However if the defendant failed to accurately disclose policy limits, that is a material fact that would effect your decisions regarding any settlement.
Answered on Jan 24th, 2014 at 6:57 AM
Edwin K. Niles
Every policy has it's own limit. You are very fortunate; most people drive around with the minimum policy of $15,000/30,000. However, the defense attorney should file an amended response to interrogatories, showing the umbrella (if it applies to this case). I wonder if it was intentional or just an oversight? If intentional, perjury is a felony. It might give you a bit more leverage; hard to say.
Answered on Jan 24th, 2014 at 6:57 AM
James Edward Smith
Yes, that is a mutual mistake of fact and so the high/low agreement should be rescinded.
Answered on Jan 24th, 2014 at 6:57 AM
4 Awards
Speak with your attorney. He or she are in the best position to discuss your situation since they have all of the facts available.
Answered on Jan 24th, 2014 at 6:56 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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If you now know that the primary limits are $300k and that there is an umbrella policy for another $1M, you should be able to have $1.3M available to cover your claims. I don't understand how you are harmed by belatedly finding out there is more coverage on your claim? If you've already agreed to a high/low based on a misrepresentation of the available insurance coverage, you should ask your attorney about having such agreement renegotiated in light of the misstatement about coverage. Certainly your attorney can ask the Judge to sanction the offending party for the misrepresentation about coverage, but again, the question will be how has that harmed you, your case, the timing, the court, etc. Further, since you have counsel, you should be discussing all of this and your concerns with your lawyer.
Answered on Jan 24th, 2014 at 6:56 AM