Q: My son was hit by another vehicle last summer. Do I need to keep our policy open while its still in litigation?
My son used his private insurance for medical bills. The other driver didn't give his insurance info until later on..the attorney he has does not specialize in auto accidents and I feel he is being screwed on any settlement to pay back the medical costs. I want to switch auto insurance companies. Bit his attorney is saying that if he can't get the other drivers insurance to pay the bills we need to use our insurance to cover what is left. Do I have to keep my policy open until everything is settled? And is it normal for us to pay out of pocket and then go after our own insurance for compensation. Or shouldn't the party at fault insurance civet everything?
A: You can switch insurance companies now without a problem. The duty of your insurance to pay on a claim relates to the operative time period of the policy, so if you had coverage with the former insurance company at the time of the accident that policy is responsible to pay the losses associated with the claim.
the pivotal question is whether you were insured at the time of the accident. That company would continue to be contractually liable to pay whatever you can approve.
Is there a question about causation?
unless you can get doctors to take a case on a lien, you would pay bills and then collect from the ins co representing the at fault driver.
if you do not have confidence in your lawyer, CHANGE LAWYERS.
LAWYERS WILL HANDLE THE CASE ON A CONTINGENCY.
if you have to retain a new lawyer then both lawyers would share in the settlement........and if they can't agree they can go into a fee dispute arbitration.
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