Personal Injury-California

Re: Parking lot auto accident lawsuit for punitive damages

Kristin, Community Moderator (Admin) — Tue, 07 Jul 2009 17:48:38 GMT

Hi tweemz,

We can't recommend a lawyer in the forums, but you're welcome to search for one in the Simple Search box to the right of this discussion or using the Find a Lawyer link in the top navigation

Thanks, Kristin

Re: Parking lot auto accident lawsuit for punitive damages

adjuster jack — Sat, 04 Jul 2009 02:11:58 GMT

tweemz:
Are you an adjuster or an attorney?

I'm not called Attorney Jack.

I'm a retired claim rep with 35 years in the insurance business. During my reign as a claim rep I hired the attorneys to handle our lawsuits and it was me that gave instruction to the attorneys based on my analyses of the claims and lawsuits.

tweemz:
Did you read the part about punitive damages and the fact that 21st Century will not cover that?

Yes.

It's just like they won't cover amounts above your limits.

tweemz:
What am I supposed to do...ignore the punitive damages part hoping it will be dismissed?

Look, I can't guarantee anything one way or the other, but my experience tells me that a bumper bump in a parking lot is never going to get to trial and will never see punitive damages.

And even if it was remotely possible (you'll win the lottery or get hit by a falling space station first) that punitive damages are in your future there's nothing you need to do about it until it goes to trial, which is likely to be a couple of years from now. Then you can decide.

tweemz:
Aren't I obligated to respond?

If you have been served with a summons and complaint and have forwarded it to your insurance company, your insurance company is obligated by your policy to hire an attorney to respond to the lawsuit on your behalf and defend you.

Talk to your claim rep, frequently if you have to.

Don't just sit and wait for something to happen.

And if you still feel uncomfortable about all this, you are free to consult an attorney at any time.

Re: Parking lot auto accident lawsuit for punitive damages

tweemz — Fri, 03 Jul 2009 21:52:20 GMT

Are you an adjuster or an attorney? Did you read the part about punitive damages and the fact that 21st Century will not cover that? What am I supposed to do...ignore the punitive damages part hoping it will be dismissed? Aren't I obligated to respond?

Re: Parking lot auto accident lawsuit for punitive damages

adjuster jack — Fri, 03 Jul 2009 05:19:35 GMT

If you need a lawyer, this is not the way to find one. Lawyers don't troll here for clients. Use the search feature to the right, google, or you local yellow pages.

I wouldn't bother, though.

The chances of this ever even getting into a courtroom or at least past the first 5 minutes in a courtroom are slim to none.

Let your insurance company do what you paid them to do, defend you.

And if you have more questions don't start new threads, just add to this one.

Parking lot auto accident lawsuit for punitive damages

tweemz — Fri, 03 Jul 2009 04:43:19 GMT

On December 15, 2007, as I was putting my groceries in my car after leaving [a store], a woman who had been at the checkout stand in back of me happened to be parked in the same lane as I was. She was putting her groceries in her car as I started my car to back up. I was very careful to make sure the path was clear and proceeded to back up. This woman and I collided and she jumped out of her car, started screaming, "it's your fault and if you dare try to blame me, I will lie and say it's your fault." She was crazy! I told her to calm down and to let the insurance companies deal with it which angered her even more. Then, she didn't want to give me the name of her insurance company and I said, "fine, if you don't have insurance, your license will be suspended because I'll say it's your fault" She reluctantly gave me the name of her insurance and her business card. She is an attorney. I commented, "business must be slow." She responded, "why do you think that?" "Because of the clunker you're driving." Shouldn't have said because I think she has been stewing about it for a year and a half. I found out my insurance paid out $225 and her insurance paid $225 they decided it was a 50/50 fault since we were both backing out although I still think she tried to beat me out of the parking lot and backed up without looking. Now, a year and a half later, I am served with a lawsuit for fraud, breach of contract and negligence individually and [my insurance company] is also named in the suit.

I was so upset, I went online to ask for help and found an attorney who told me about [a company]. I received a letter from [my insurance company] stating that I will have to hire outside counsel AT MY OWN EXPENSE to cover the punitive damages if their counsel can't make the plaintiff drop the punitive damages claim. Is this true? I have no idea what this woman's problem is except that she must need money pretty badly to fake injuries on an accident where I wasn't even shaken up and my car wasn't damaged, not even a scratch. She showed me a small dent in the door of her car which I now am wondering if it was there before we hit. The impact was so slight there is no way she suffered physical and emotional damages.

If I do need outside counsel is there anyone out there who can help?

Thank you,

Patricia

I forgot to add my email address on the original post of this parking lot auto accident incident. It is pweems@mail.com