If I was involved in a car accident and my insurance fails to settle the claim on my behalf in the time given by the other party’s attorney, does that make me solely responsible for damages being claimed?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I was involved in a car accident and my insurance fails to settle the claim on my behalf in the time given by the other party’s attorney, does that make me solely responsible for damages being claimed?

I was making a left turn as I traveled east, but had not fully committed to turning from my lane. The car approaching from the north struck my vehicle. I was given the ticket it was stated by the officer on scene because I was turning left. I cannot prove that the car I hit came through the red light as they were making a left turn to go in the direction that I was travel from. I did have the green light and used caution as I first cleared the 2 lanes traveling south. The accident occurred as I approached the lanes going north.

Asked on January 10, 2017 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, if you agree to settle for more than the policy limits, or the matter goes to trial and there is a judgment against you for more than the policy limits, you have to pay the amount over the limit. The other side's attorney has no legal right to set a deadline during which your insurer must respond, so your insurer is not liable or resonsible for failing to settle in that time frame. This is just a negotiation gambit by the other side, the same way they could negotiate by asking for an astronomical amount, or simple refuse to negotiate at all; what the other side says during settlement negotiations is not binding or controlling on your insurer, and they an take their time instead of being "panicked" into accepting an offer.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption