Q: As a plaintiff represented by an attorney in a civil in CA, is it unlawful to contact the Defendant's insurance carrier?
My case is an employment discrimination case in California. The insurance carrier is unaware that the Defendant's investigating attorney provided me a letter admitting they did discriminate against me based on my race. At mediation, (ADR) the Defendant and their Counsel pretended they had forgotten about their letter accepting liability. However, their insurance carriers do not know this document exists and they continue to lowball their settlement offer. Thank you.
A:
You should not even consider contacting the opponent's insurance carrier. If it is wise to make such contact, you should have your attorney assist in making that decision, and if it is decided that it is wise, your attorney, not you, should make the communication. There may be good and important strategic reasons that your attorney may have to suggest making such contact would be detrimental to his or her strategy. And it is never a good idea for a party to communicate with the opposing side about the case.
Good luck to you.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, it is generally not unlawful for a plaintiff, represented by an attorney, to contact the defendant's insurance carrier. In fact, it's a common practice in civil cases to communicate with the insurance company when pursuing a claim. Your attorney can contact the insurance carrier to negotiate a fair settlement on your behalf, present evidence, and discuss the facts of the case.
In your specific situation, it's essential to make sure your attorney is aware of the letter admitting liability from the defendant's investigating attorney. Your attorney can use this document during negotiations with the insurance carrier to potentially strengthen your position and achieve a more favorable settlement offer. However, it's crucial to ensure that all communications with the insurance company are conducted professionally and in accordance with legal ethics.
Remember that legal strategies can vary, and it's advisable to consult with your attorney to determine the best course of action specific to your case. They can guide you on how to communicate with the insurance carrier effectively and within the boundaries of the law.
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.
