Asked in Personal Injury for California

Q: Question about fender bender

Hello. I have been into a fender bender, where I hit someone from behind. I was traveling at less than 20 miles and hour. However, the driver of that vehicle (she was korean) called someone right away, as she got out of the car. Then called other people, but never her insurance. My insurance (Geico) says that she obtained an attorney because she apparently had an injury. To me this smells like an "ambulance chaser" case.

Geico is asking me to sign a statement where I release the amount of my insurance to the other party. To me that means they want to know how much of a liability I have, so they can get the maximum. I also know Geico, may not have my best interest. Can you please tell me if I should sign this document releasing the amount? I also think that if I don't sign it, they might sue me anyway. Any advice would be greatly appreciated.

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3 Lawyer Answers
Jonathan S. Dennis
Jonathan S. Dennis
Answered
  • Los Angeles, CA
  • Licensed in California

A: Until you are served with a lawsuit you are under no legal obligation to release the amount of insurance coverage you have.

Peter N. Munsing
Peter N. Munsing
Answered

A: Whether you sign it or not doesn't affect if they will sue you. As Mr. Dennis said, you don't have to turn it over. If they ask again in order to settle with your carrier and get consent to allow them to go after underinsured then at that point I'd give it, assuming they'll be signing a release.

James R. Lewis
James R. Lewis
Answered
  • Sacramento, CA
  • Licensed in California

A: As a personal injury attorney, there are good reasons to ask for the amount of your coverage. First among them is whether the injured person should contact his or her own insurance and put them on notice of an "under-insured motorist claim". The injured person has an obligation to let his or her own insurance company know if there is an impending claim should you have insufficient coverage. It is correct that you do not have to disclose the information, but doing so would likely avoid you being sued to obtain the information. Once suit is filed against you, you will be asked to answer mandatory questions about your insurance coverage.

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