Auto Insurance Claims/Auto Insurance claim
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?
It sounds like your insurance company is willing to try to settle this. However, in your insurance policy you and anyone you let drive your car is required to assist in the defense of your case. That includes answering the interrogatories. If you or your father do not comply with the request, your insurance company may deny coverage on the basis of non-cooperation as is required in your policy. If that happens, your insurance company would pay nothing and would no longer provide you with an attorney. Then you would be responsible for 100% of any judgment awarded to the other party in court.
You should contact your attorney, explain the situation with your dad and ask him to ask the other side for more time. Then you will need to contact your dad and have him answer the questions on the form and make arrangements to take a video deposition somewhere where there is good internet service.
You just need to be sure to communicate with your attorney if there are any problems and ask his advice on how to overcome them.
I hope this helps