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Question
My dad drove my SUV and met with an accident nearly two years back and was found to be at fault. I was not involved with the accident and my dad was not part of my SUV insurance policy. My dad was living with me, but has since moved to Asia.

Apparently the insurance company has agreed to pay much less than what the injured party has demanded. From what I heard, there seems to be no permanent injury to the other party. My insurance coverage allows for $100K for bodily injury.

The injured person is now suing myself and my dad for $140K.
I have been requested through an email by the injured party’s lawyer to convey to my dad, “a defendant Interrogatories and Request for Production of Documents” to the defendant. This document has named my dad as defendant  and it is served also to ‘any insurance company herein as an uninsured or under-insured motorist carrier’, to be answered separately and fully, in writing under oath within twenty one (21) days after service hereof.
The lawyer has also subsequently requested me to arrange a video deposition of my dad.
My dad lives in an area in Asia where communication through internet and phone is very poor, further I do not find the time to facilitate the request. I am thus unable to satisfy the lawyer’s request.

I would like your advice on the following:
1, What would be my liability in not being able to getting my dad’s response to the request facilitated.
2, What would be the extent of my dad’s liability if he does not respond to the request that has been addressed through me?
3, What would be the extent of my dad’s monetary liability to the injured?

Answer
 Hello Venky,

DON'T DO IT!  Your father is outside the jurisdiction of the court and they are attempting to utilize some questionable tactics to get to him.

Now, this is your insurance policy, and you have left out some extremely important details.  Did your company settle? For how much?  Did the other party sign a release?

You need to contact your insurance company immediately.  You need the answers to these questions.  Is it possible that they left you hanging?  Your company has the duty to protect you from personal liability up to the limits of the policy.  Did they do that? Are they going after your father personally, or does this involve your coverage?  If the claim is still pending, your insurance company must continue to defend you.

If they have failed to settle properly, you may well need an attorney of your own.

If they did settle the case properly and now the other side has decided to go after your father - DO NOT COOPERATE.  You are under no obligation to do so. If they have filed an actual lawsuit against your father - or if they are implying same - then I strongly suggest you need an attorney to sort out exactly what is happening.  But you must speak to your insurance company first.

Good luck.

Jane
http://InsuranceExpertAdvice.com
http://SolutionsForYourInsuranceClaim.com  

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Jane Pytel

Expertise

I can answer questions related to auto accidents, auto damage, auto theft claims, or personal injury claims. I am specifically suited to answer questions concerning insurance investigations and the effects of those investigations such as claim delays, claim denials, examinations under oath, or the special investigations unit. I can answer most any question that relates to proper claims investigations, or claims handling procedures and processes. I have authored several ebooks which provide claim guidance for consumers. Those books are available on Amazon Kindle: Power To Profit - will provide you with the knowledge you need to overcome the patterned obstacles that insurance companies will use to delay, devalue, or deny your valid insurance claim. The No Nonsense Guide to Accident Settlement - Teaches you how to manage your claim, how to identify the precise tactics likely to be used against you, and how you must respond.

Experience

12 years of experience with 3 major insurance companies. I hold an all lines adjusters license in Florida. I am well versed in claims handling, claims investigations, and industry standards related to both. The bulk of my experience stems from my 10 years as a police officer / detective. Building on that investigative experience, I became an SIU (Special Investigations Unit) Investigator. Accordingly, my unique expertise lies in the investigation of claims. What is necessary and related, what is not necessary and related? What constitutes a fair claims investigation? What recourse is available for consumers who suspect they are experiencing unfair claims delays? During the course of my experience, I became a certified trainer, instructing adjusters and investigators proper techniques for claims investigation and claims handling.

Education/Credentials
B.A., Communications, University of Miami 350 credit hours of intense investigative training, Miami Dade Police 80 hours of investigative training, various Federal Agencies, Miami, Fl Intensive Accident Reconstruction and Pedestrian Injury Analysis, NHTSA, National Highway Traffic Safety Agency, Oklahoma City, OK 2 weeks Auto Damage Appraisal, Winston Salem, NC Legal Principles Claim Specialist, AEI

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