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

UPDATED: Nov 9, 2014

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

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 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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