QuestionI was in an accident over a year ago. The other party lied to their insurance and said the accident was my fault.
I took her to small claims court and received a judgement against her. Is her insurance company now responsible for paying the judgement?
Answer Hello Anthony,
If the insurance company denied the claim for liability issues, not because there was no coverage, then they would be responsible to protect their insured. Protection would mean protection from judgments. Since the court found her responsible, her insurance should pay for the judgment/damages.
If the company disagreed, theoretically they should have been heard in court to defend their position. And that's the question. Was the insurance company aware of your small claims action? It is possible that the other driver, their insured, never told them? I am assuming, of course, that you sued the driver, not the insurance company.
For your purposes, you are entitled to the judgment. If the driver is disregarding that judgment, you could call her insurance company to inquire if they are aware of it. If either or both refuses to pay, I would suggest you need a legal opinion, unless the court has already addressed this.
Hope this helps.
Jane Pytel
http://InsuranceExpertAdvice.com
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
