How can I get my insurance company to pay a judgment that was awarded against me but for which they are responsible to pay?

Approximately 4 years ago, my fiancé, who is named on my insurance was in an auto accident. He was found at fault, and our insurance paid for the damages to the other car. We also found ourselves (the insurance company, my fiancé, and myself) being sued for $750,000 in pain and suffering. About 2 years ago, we went through arbitration but never heard anything else about the situation. A year later, I was informed through my credit monitoring that there had been a judgement in the amount of $17,500 against myself and my fiancé. I immediately contacted the courts, who informed me the plaintiff was the person that was hit. The lawyer and insurance company have yet to pay this judgement, although they admit to being responsible. How can I get this paid?

Asked on November 9, 2014 under Accident Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you believe that your insurer is legally obligated, as per the terms of your policy and coverage, to pay the judgment but they are not doing so, your recourse is to sue your insurer for breach of contract (an insurance policy is a contract). You can sue them for a court order requiring them to pay, or to recover any amounts that you are forced to pay out personally.


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