I was at fault in a car accident and my insurance adjuster does not want to settle for the amount demanded by the injured party. Doesn't the insurance company have to pay? Can the injured party sue me directly?
Your car insurance company does not have to pay until a court judgment says it must. It's in the company's interest, as well as yours, not to pay any claims nor any part of claims it does not need to pay. That said, the company pays on (voluntary) settlements or damages if you lose in court. Remember, any payment is limited by your policy caps.
You can be sued directly. If that happens, immediately send a copy of the Summons, Complaint and all other papers you receive to your insurance adjuster. Use certified mail only. Add a cover letter with your name, address, telephone number, your policy number, and the date of the accident. Explain that you are being sued, and state "I expect and demand, pursuant to my insurance policy, a timely and expedient defense to this matter. Please have defense counsel contact me as soon as possible."
If the case goes to court, you are named as the defendant while the insurance company's attorney defends you. It's best to completely cooperate with the insurance attorney. If the damages against you may go over what the policy will pay, you will need to hire your own car accident attorney to protect your assets. |