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Auto Insurance Claims/Being sued...2 years later...

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Expert: - 3/22/2010


Question
Son was in an accident 2008 and his car is insured under me and my husband.  He was found at fault and our insurance settled the claim with the other party. This year my son recieved a letter saying the other party is suing him for pain and suffering, doctors bills etc now. What are we to do now. We have 21st Century and my son car is covered for liability (basic requirement by law).

Answer
Well if your insurer really settled the claim with the other party, then they should have gotten a release signed, so it sounds like it was not "settled". Most states allow 1 or 2 years to file suit for injury. And even if your insurer paid the policy limits without a release, you could still be sued for the excess. Unless you can show that your own insurer was negligent in handling the claim, you may still be open for additional damages. See an attorney.

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Ron Cercone

Expertise

How to handle automobile total loss claims. I am the president of UClaim.com, which sells 29 different eBooks I have written on how to maximize various types of auto, home and business claims and how to get coverage on denied claims. You may view their tables of contents online. Also available are very specialized eBooks such as on EUO (Examination Under Oath) for example. Also available is an assortment of policy forms used by the most popular insurers. The eBooks have a money back guarantee and currently include personal consultation with Ron Cercone.

Experience

I have been adjusting insurance claims since 1980. 1980 to 1995 adjusting for many insurers (6 years as an independent adjuster with my own company). Currently working as a public adjuster in California, since 1995. I'm one of the few public adjusters who has handled automobile damage and total loss claims.

Organizations
CAPIA (California Association of Public Adjusters).

Education/Credentials
BA 1975 in History and Industrial Arts. Full CV at UClaim.com .

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