Expert: Bennie719 - 1/8/2009

Question
QUESTION: My son was involved in a four car accident.  One of the cars he hit has an attorney and that attorney is asking for policy limits.  Do my husband and I just hand over that information?  The attorney has not said as of yet what is clients injuries are.  Are they just trying to see how much money they can get out of us?  Is this somethig we should do willingly?

ANSWER: Hi DLB,
No, this is not something that you willing turn over to the adverse attorney.
The attorney does have a right to a disclosure of policy limits and there is a legal procedure already in place to make such a demand from your insurance company.

Do NOT deal with the adverse party's attorney in any way.  Refer him to your insurance company.

Advise your company of the attorneys contact with you and send them any documents or letters that he may have sent to you.

Allow your own insurance company to handle every facet of this accident.  That's why you purchased insurance.

I hope that this information is helpful.

Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area

---------- FOLLOW-UP ----------

QUESTION: I'm sorry, I should have said that the attorney is asking our claims adjuster for our policy limits and our claims adjuster is asking us if we want to turn over that information to the attorney.  Is this something we should do willingly?  Are they just trying to see how much money they can get?

Answer
Hi DLB,

Yes, you should allow your insurance company to release the amount of your policy limits to the attorney.  Since he is representing
"supposedly" injured clients he has the right to know your limits and will eventually get the information through acts of law if you don't allow your insurance company to comply with his request.
There is no valid reason to withhold the info and make him battle to secure it.
He simply wants to know if your policy has adequate coverage to provide the amount that he plans to seek for his client(s).  If not, he has an obligation to his client(s) to do an expensive asset search against you to determine if you have any attachable assets that he would sue for if the insurance isn't adequate.

Bennie