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?
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
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
