Dallas, GA asked in Personal Injury for Alabama

Q: In July 2017 my grandson was involved in a 'at fault' accident in Mobile County Alabama in a vehicle registered to me.

A passenger is now suing me for negligence. Soon after the accident I took the grandson off my insurance (Liberty Mutual). Shortly after that, I changed insurance companies and dropped both my automobile and umbrella coverage. Since the both policies were in force at the time of the accident, is Liberty required to represent me in the suit?

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3 Lawyer Answers
J. Brent Burney
J. Brent Burney
PREMIUM
Answered
  • Decatur, AL
  • Licensed in Alabama

A: In general, if your insurance was in full force on the day of the accident Liberty Mutual would owe you coverage. You should notify the carrier immediately about the suit.

Tim Akpinar agrees with this answer

Mitchell G. Lattof Jr
Mitchell G. Lattof Jr
Answered
  • Mobile, AL
  • Licensed in Alabama

A: If I understand you correctly, at the time of the accident, you had a Liberty Mutual auto policy and a Liberty Mutual umbrella policy and your grandson was covered under the auto policy. If that's the case, then Liberty Mutual should cover you in the suit, assuming that they were timely notified of the accident, etc. If the claim amount exceeds the limits of your auto policy, then the umbrella policy would probably cover you for the excess up to the limits of the umbrella policy, but depending on the provisions, limitations, etc. as to what the umbrella policy covers. You would need to provide timely notification under the umbrella policy as well.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered

A: As a general measure, it would be a good idea to place both carriers on notice and keep both apprised of developments. That way, their respective claims departments could sort things out. Retain copies of summons and complaint and other papers you give both of them.

Tim Akpinar

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