What to do if you're being sued - 2 years after accident?

Gotta tell you, being in the Insurance business for 40+ years......trucking exclusively for the past 20+ I find all the arm chair warriors here humorous to say the least. What the "personal experience" trip some of you are going on is in fact correct.....FOR YOUR STATE. By and large the situation is similar in most of the country......YOU are working within the "scope of your employment (or contract)" and have an accident....the Insurance Company and THEIR HIRED ATTORNEY......will represent the company you are working for AND you, for acts of negligence, up to the policy limit......with the "cost of defense" being outside the limit of liability.

In some states, The Union of Soviet Socialists Californians as an example, there was a decision in 1984, Cumis, in which CA courts now force independent representation for multiple interests in a covered claim to forestall any potential conflict of interest issues. Even though they are PAID by the insurance company, Cumis attorneys are there to protect your interests

I am a Insurance Company underwriter..........Make NO MISTAKE, the attorneys "representing" you and your employer are hired/paid by the insurance company.....and their primary interest is to minimize the total payments for any claim/legal action.......which is the insurance companies responsibility to their shareholders. IF you have the financial ability ALWAYS hire your own attorney to represent YOUR interests in any legal action.....they will "coordinate" the/your defense with the insurance company's hired guns.

 

Get an attorny, and not ask here, where everyone thinks they are a trucking attorny.

 

This is a common practice. Lawyer sends a few letters, insurance company says 5000 is not enough to fight over. Lawyer takes 40%. Boom insurance keep rising

 

With the various Legislatures controlled by attorney's it's difficult to get things done logically. Numerous states have "Unfair Claims Practices" and "Bad Faith" legislation that put's us on the hook for "treble" damages.........so as frustrating as it may be, it's often easier to roll over on a claim than fight it and lose 3 times what you might have paid.