If I caused a motorcyclist to crash because I didn’t see him so pulled out in front of him, should seek out legal representation?

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If I caused a motorcyclist to crash because I didn’t see him so pulled out in front of him, should seek out legal representation?

My insurance company has offered him a $10,000 settlement. The motorcyclist has a lawyer now and is requesting I fill out a financial affidavit before they agree to the insurance settlement. I have absolutely nothing to give this guy. Also, I should mention that he wasn’t wearing any protective gear. So far I have just been dealing with my insurer but was wondering if I should consult with an attorney?

Asked on May 21, 2015 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Do not fill out anything or provide any information without consulting with an attorney. Your insurer *should* provide a lawyer for you, as party of their obligation to defend you; but if they don't, then yes, consult with your own attorney. Note that a critical issue may be the extent of your insurance coverag--your insurer is only obligated to defend and/or pay for up to the limit of your policy. So if your policy is only $10,000, for example, the insurer has done it's job by offering to pay $10,000 even if the other side is seeking potentially $50k or $100k or more; even if your policy is a little higher than the $10k offer (say that's $15k), the insurer's potential exposure of liability is limited compared to your own, and they don't have any duty or incentive to do more than, say, offer a settlement up  to, at most, the policy limit. The insurer's interests and yours could easily diverge. In this case, you can't "trust" your insurer--they are limited in what they have to do.

If you have substantially more coverage, then you and your insurer are more likely aligned in your interests.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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