I am getting different opinions from lawyers

[lakersgo]

What is the name of your state? California

Ok, I was involved in a car accident about two months ago. I didn't have the insurance at that time but the police didn't find out. A few days ago I received a letter from the law office which represents the other party saying that I need to respond to the letter to avoid a lawsuit. On the letter it says that the defendent is decedent. Frankly, I didn't expect that nor the police. Otherwise I'd imagine they wouldn't let me go so easily. I don't know if there is anything else happened to her in these 2 months. The letter asks me whether I was the owner of the car and whether I have the insurance. I called up some lawyers, some says just be honest with them, some told me not to respond. The thing is I am just a student now, my car is pretty much all I have, I don't have a job and i rent my apt, they can't go after my parent's asset since I am over 21. What do you guys think? Respond or not to respond?

 

[jity]

I'm guessing that you are 100% at fault, since you are not on trial here, what are the facts of the accident?

How much damage did you cause?

Who is the vehicle registered to?

How did the attorney letter arrive, was it certified mail?

 

[LegalEasePlease]

Me Too

(Kentucky Auto Accident): I rear-ended someone, called my insurance co to report the accident, and they said my insurance was cancelled due to non-payment. I had recently started writing a check for combined insurance policies for my vehicle and property. I suspect that funds were applied incorrectly which resulted in the early cancellation of my auto policy and the unusually long property policy expiration date of 10/05 (8 mos). However, I have no real evidence to support this and the ins co has been unwaivering in their position that all funds were correctly applied to my policies.

Meanwhile I get a letter from a law firm representing the other party. They want to know if I have insurance. They sent the same letter to my ins co, who quickly responded with a resounding "NO, he was not covered by us" letter.

I am bracing for their next move, which I imagine will be a complaint for damages, pain and suffering, loss wages, etc.

The way I see it, I have two options:

1. File an 'errors and omissions' claim against my ins co in a hope to reverse their decision. The 'pro' is they may decide to admit a mistake had ben made without dragging it through court. The 'con' is they could win, cancel my insurance, and leave me with legal bills for the effort. I also feel that the errors and omissions claim might be used as leverage to convince my ins co to help with defending me on this case, as they would rather provide me with representation against the other party than have to defend themselves against me AND the other party.

2. Accept my ins co's decision, be thankful they haven't cancelled my insurance as a result of the letter and face the music alone. The 'pro' is that I maintain a reasonably good relationship with my insurance company. The 'con' is that I will be held directly liable for all the other party's damages.

I need some feedback on if I have my head in the right place on this and if there are more options available to me. Thank you.

 

[jity]

LegalEasePlease it's considered rude to piggyback on another member's post. I would suggest that you start your own.

 

[teflon_jones]

lakersgo, you need to post more facts about the accident. Most importantly, who was at fault?


legeleaseplease, start your own thread!