Q: Is my car insurance allowed to provide the other party in attorney if I am at fault?
I was involved in a car accident with a moped, to which I signaled to change the lane and look both ways when suddenly the moped appeared out of nowhere and hit my vehicle. The other party was not a motorcycle licensed driver and was not the owner of the motorcycle or the insured party. The other party notified me that my insurance was the one that assigned them and directed them to an attorney for bodily injury. Is my car insurance allowed to do that?
A:
Under California law, your car insurance company has a duty to defend you in the event of a claim or lawsuit if you are deemed at fault in an accident. This includes providing legal representation to protect your interests. However, the insurance company's primary obligation is to its policyholders, not to third parties involved in an accident.
In the scenario you described, it's unusual for your insurance to directly provide or assign legal representation to the other party involved in the accident. Typically, the insurance company would appoint an attorney to defend you, the policyholder, if a claim is made against your policy for damages or injuries. The other party, especially if claiming bodily injury, would usually seek their own legal representation independently, not through your insurance.
If the other party informed you that your insurance has directed them to an attorney, it's important to contact your insurance company directly to clarify the situation. You'll want to verify the accuracy of this claim and understand the actions your insurance company is taking on your behalf. It's crucial to stay informed about your coverage and the procedures your insurance follows when handling claims, especially in complex situations like the one you're facing.
A: Your insurance can tell another party to get an attorney, if that happened. Your insurance almost definitely did not assign or direct them to a specific attorney. If that happened, the State Bar and/or Dept. of Insurance might get involved. Your insurance company is responsible to defend you and pay for any damages for which you are liable, up to the policy limit. Cooperate with it in your defense.
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.
