Q: Not-at-fault Car Accident
My brother-in-law was in a 2-car vehicle accident a little over a year ago in California. He was found via his insurance agency to be not at fault, and neither party called the police to the scene of the accident. He is now receiving certified mail from the other party demanding a payment of $10,000 (either in full or payments), and if not received he will take him to small claims court. My brother-in-law has reached back out to the insurance agency but has not heard anything in the last 48 hours. Should counsel be sought or is this a scare tactic being used by the other party?
A: His liability insurer will defend him and pay any amount he is liable, up to policy limits. He does not need to hire his own attorney. The insurer will do it for him. Make sure that he contacts the insurer, notifies it of the claim, and cooperates in his defense.
A:
more info is needed.
because his ins co says he is not at fault is not determinative.
the other side can argue they were both partly at fault.
if the other side has injuries hypothetically and your family member is 10% at fault then the other side would be able to argue for 10% of $100k and get $10k
$10k is the limit one can get in small claims.
However, note that a lawyer can not appear in small claims and though his insurance company will help him they can not appear in court.
if your brother in law was injured he should hire a lawyer and maybe the lawyer could file a suit and move to join the small claims matter.
if your brother in law was injured have him call me for some direction. Dale Gribow 760 837
7500 or dale@dalegribowlaw.com
A:
It is nice that your brother-in-law’s insurance determined him not to be at-fault. However, unfortunately that finding is not binding on the other party. Your brother-in-law should make sure to document his communications with his insurance company so that he can refer back to it when necessary. If you believe that the insurance is wrongfully denying benefits (e.g. duty to defend or duty to indemnify), then it may make sense to also contact an attorney that can evaluate for a bad faith claim.
However, two days to open a claim is probably not unreasonable. Also, typically attorneys are not permitted to appear in small claims court; however, one could provide assistance in preparing the defense. Please contact a local, knowledgeable attorney to discuss.
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