Anaheim, CA asked in Personal Injury for California

Q: Hi, this is a personal injury question. I backed into the rear passenger door of another car at about 2 mi per hour.

The other party said she was ok, but after filing a personal property claim with my insurance company 8 days ago, she has not returned any calls. I'm concerned she may be attorney shopping. My Bodily Injury limit is only 15k. What are the chances of this exceeding my policy limits ?

Related Topics:
3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO NEED BUT THERE IS LITTLE CHANCE SHE WOULD EXCEED YOUR LIMITS.

THERE ARE LOTS OF OTHER REASONS FOR NOT RETURNING YOUR CALLS

Tim Akpinar agrees with this answer

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Sacramento, CA
  • Licensed in California

A: Your insurance company should handle it for you. If she did get an attorney they most likely would tell her not to talk to anyone. In the future you need enough coverage so that you don't worry when you get in an accident. Let your own insurance handle it and periodically check in with them if you have any concerns.

Tim Akpinar agrees with this answer

A: Rarely do attorneys look to collect more than an insured's policy limit. That said, if you have any assets at risk you should look at increasing your policy limit because people are not required to accept your policy limit to settle the case. Although that won't help you with this wreck, it will help you in the future.

Low speed collisions can cause significant injuries, but insurance companies are loath to pay a lot on these claims because they know juries doubt that serious injuries are caused by low speed collisions.

If I were in your situation, although it may be difficult to stomach, if the other person makes a personal injury claim, I would tell my insurance company to "settle the case within the policy limits." This is how you get them to protect you and not expose you to paying something in excess of the limits. On the other hand, the more you fight for your position, the more the insurance company wants to help you fight. But fighting in the end might be the bigger risk to you because you could end up paying an excess judgment if you didn't pressure your insurer to settle the injury case.

Tim Akpinar agrees with this answer

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.