Naples, FL asked in Personal Injury and Car Accidents for New Mexico

Q: What will happen if I refuse to participate in auto accident case I'm being sued for?

I'm at fault. Plaitiff wants in excess of my limits of liability, my insurance company wants to go to court and hasn't offered to pay my maximum limit. New Mexico.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: You could risk coverage, which could possibly result in your insurance company being off the hook in a worst-case scenario. A New Mexico attorney should advise you, but as a general matter nationwide, insurance policies virtually always require the policyholder to cooperate with the carrier in investigating and defending claims. That can mean investigations or depositions. Carriers are not required to shell out the policyholder's maximum limit as an automatic instant response to the demands of a plaintiff - expect them hold firm and fight the claim zealously. That's what they do. If a jury ultimately determines they must pay policy limits, they'll do that. Or they'll appeal the decision if there are grounds for appeal, which are usually narrow. You should consider consulting with a New Mexico attorney before you do something that provides your carrier with a reason to assert that you failed to cooperate in your defense. Good luck

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