Los Angeles, CA asked in Personal Injury and Car Accidents for California

Q: I was in an auto accident that was 0% my fault and 100% the other driver's fault. Suffered multiple fractures in my leg

Long story short the maximum payout from her insurance for bodily injuries only cover a fraction of the medical bills and yet I still need another surgery. She has no assets to sue for. My lawyer is asking her to contribute personal money of her own since she was under insured. We get a letter from her lawyer stating she has no money. I do a Google search of her lawyer's name and find out that one of her biggest clients is Insurance Company let's call it Pogo insurance. And this insurance company is also my insurance company and also the person who hit me. Is that is a conflict of interest? Again the person who hit me has no money but she has an attorney. Not just an attorney, an attorney works with my insurance company which is also the person who hit me. Something doesn't seem right here. Is it a coincidence that her lawyer works for the same Insurance Company that both parties have. If it is a coincidence is that still okay? Is the insurance company acting in bad faith?

5 Lawyer Answers
McCall Baugh
McCall Baugh
Answered
  • Personal Injury Lawyer
  • San Francisco, CA
  • Licensed in California

A: You both happen to be insured with the same carrier. This happens a lot and does not necessarily constitute bad faith or a conflict of interest. She doesn't have the insurance coverage nor the assets to cover your damages. Sounds like you don't have underinsured motorist coverage in excess of her bodily liability coverage?

David Alan Wolf
David Alan Wolf
PREMIUM
Answered
  • Personal Injury Lawyer
  • Jacksonville, FL

A: The at-fault driver carried insurance. The at-fault driver has an attorney assigned to the matter to represent him. This is what insurance companies do. If a case was being brought against you, the insurance company would assign an attorney to you. While it may seem confusing to you and there are concerns about the same insurance company providing coverage for both parties, I do not think (by the facts presented) that there is a conflict or a problem. The insurance company for the at-fault driver should pay out or offer to pay out the insurance policy limits. If the insurance company timely pays out the policy limits, there does not seem to be bad faith on the part of the insurance company. Certainly, discuss these issues with your attorney. It is unfortunate that there is not more coverage in place in light of your significant personal injuries.

Gerald Barry Dorfman and William John Light agree with this answer

1 user found this answer helpful

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: probably a coincidence and happens all the time.

but you can not get blood from a turnip as they say.

remember you can go through Under insured Insurance with your own company.

that is why most drivers have high coverage. If they hit someone AND/or if someone without insurance or without enough insurance hits you then you can collect from your own carrier up to your limits.

William John Light agrees with this answer

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: No, that lawyer is State Farms's attorney. If the situation was reversed you'd have that attorney. Question is do you have underinsured coverage that will help you. Do you have health insurance? Review these with your attorneys. You can do a property search to see if she owns property, but she's a renter chances are she doesn't have much in the way of assets.

William John Light agrees with this answer

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: Nothing you describe would be "bad faith". It is common that the plaintiff and defendant have the same insurance company. The insurance company still has an obligation to defend its insured. Nothing about this situation changes whether the defendant has her own money to contribute to the settlement.

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