If I was the victim in a car accident, how do I find out the at-fault driver’s insurance coverage as their insurer refuses to talk to me now?

My case settled for X amount. The insurance company said there was no umbrella coverage. The driver’s family claims to have umbrella coverage as they are farmers and have many people working for them.

Asked on July 24, 2015 under Accident Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the case settled, first, check the terms of the settlement: generally, a settlement settles or resolves the entire case, so it would not matter if they have additional coverage--in settling the case, you most likely completely resovled it and can't sue for anything else. It's possible that is not the case, since the terms of the settlement agreement will control; therefore, you need to check the terms of the settlement to see if you can still sue for anything more or if the settlement is all you are going to get.

If you can sue, then that would be how you'd find out about their insurance in the course of any litigation--i.e., you could file a lawsuit against the at-fault driver and, during the lawsuit, could get information about their insurance.

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