San Diego, CA asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California

Q: My car insurance company asked me to get an attorney because I have a claim against me in a fatal car accident.

My insurance company had already found me 100% liable without the chp report being released

What type of lawyer handles this type of case?

2 Lawyer Answers

A: Its not clear what you are asking. Your insurance company has a duty to defend (retain a lawyer on your behalf) and indemnify you (pay any settlement or judgment up to the policy limit). If your insurance company is disputing coverage, you need an attorney who specializes in handling insurance coverage litigation.

I suspect the issue may be that you have insufficient policy limits, which may set up a situation in which the plaintiff takes the case to trial and gets an excess judgment. If this is what is going on, you should retain independent counsel because your interests may conflict with those of your insurance company.

Gerald Barry Dorfman agrees with this answer

A: That's odd. As Mr. Anapol has stated, insurance companies generally have a duty to defend. If the insurance company is denying coverage, speak with an attorney handling insurance coverage or bad faith litigation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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