Bronx, NY asked in Car Accidents for New York

Q: Am I required, by law, to provide homeowner's insurance information for a car accident?

I am currently being sued for a minor car accident. Despite having ample car insurance, the lawyer for the other side is requesting information about umbrella/homeowner's insurance. They say it is required by law. I need to know if it is.

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2 Lawyer Answers
Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • Personal Injury Lawyer
  • New York, NY
  • Licensed in New York

A: Under New York Civil Practice Law & Rules § 3101(f), you are required to disclose the existence of any insurance policy that might satisfy, in whole or in part, a judgment entered in the action. https://law.justia.com/codes/new-york/2010/cvp/article-31/3101/ Generally speaking, a homeowner's insurance policy will not cover damages arising out of the use of a motor vehicle. An umbrella policy, however, might cover a judgment that exceeds the coverage available from your automobile policy. Best to let the attorneys who are defending you in the case determine whether the additional coverage you have would apply and, if so, whether it's discoverable.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY
  • Licensed in New York

A: Based on your description, it appears that the matter is in suit, since you mention being sued. Carrier will assign defense counsel, if they have not already done so, and they would challenge discovery efforts to obtain policy information that would be inadmissible under NY CPLR. Mr. Ratchik points out a valuable distinction as to how this could pan out in terms of the types of policies involved. Good luck

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