Should we sign a statement regarding an insurance claim if out insurer wants us to?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should we sign a statement regarding an insurance claim if out insurer wants us to?
My husband was involved in a car accident 2 months ago. He hit a pedestrian while she was crossing the street. She was at a crosswalk with no stop signs. 2 weeks ago our insurance company called to assure us that all was well and that the victim had accepted our maximum benefits and that the case should be closed soon. Today the insurer called back and told me that the victim does not accept the settlement and wants my husband and I to sign a declaration which states we have no other insurance. What do we do?
Asked on October 14, 2011 under Accident Law, California
Answers:
Jonathan Reed / Reed & Mansfield
Answered 12 years ago | Contributor
If it is true that you and your husband have no other applicable insurance, signing a declaration to that effect (which is a statement you sign under penalty of perjury) may help persuade the pedestrian and her attorney to take your insurance company's policy limit settlement. This would be to your benefit because it might get the case resolved.
As a general rule if a lawyer represents an accident victim whose claim is arguably worth more than applicable insurance policy limits, the attorney and their client face this choice if the insurance company offers it policy limit: 1) They can take the policy limit settlement but the insurance company will make them release the entire claim, or 2) They can turn down the policy limit settlement. In that case the insurance company will most likely refuse to pay and the client and attorney will have to file suit and take the case to trial. If they win at trial they can then collect the insurance policy limits and go after the insured person's assets.
Option 2 is much more expensive and time consuming. In all probability the pedestrian victim and her attorney are considering Option 1 and want to make sure that they are not leaving any easy insurance money (from a different policy) on the table.
Since I do not know all of the specific facts of your case I cannot be sure that the answer I have just given covers your situation completely.
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.