QuestionMy son was driving my car on his way home from college for summer vacation. He struck a pedestrian who died in the roadway of a narrow, two lane remote highway. It was daytime, clear weather, no excessive speed or cell phone use or any of the other indications of negligence. There were witnesses to the accident that claim the pedestrian had walked into the roadway without looking - it was a tragic accident, the pedestrian died in my son's arms and he is forever changed. The police at the scene told my son he was not at fault - no tickets & no charges. The victim's family has filed a claim against my insurance and are requesting, through a letter to my insurance company, the limits to my auto policy. Should I release this information to the victim's lawyer? Even if my son is found at no fault in the police report, my insurance company is hinting they may pay out the max of my policy anyway - does that make sense, and if so, what will that mean to my son's future auto insurance rates?
Answer Hello Janet,
My sincerest sympathies to you and your son. Very traumatic.
While insurance companies make liability decisions every day, if there is a lawsuit, ultimately liability and negligence are determined by a jury.
The police report may not be considered in a civil court, but certainly the witnesses will. This is probably your strongest defense. But having said that, there is no telling what a plaintiff might allege in a lawsuit.
It is your insurance company's duty to defend you. Sometimes insurance companies believe the best way to do this is to settle a claim before it is brought to suit, or to settle a suit before it goes to trial. Their decisions should be based on solid investigation, and on the responsibility to protect you from personal financial damage.
They will pay the claim if they believe doing so is ultimately in your best interest - and their's.
As for turning over coverage documents, this is the duty of your insurance company. You should not be directly involved. Do they have a choice? No.
Regarding your son's future rates, that depends on whether your insurance company deems that he is responsible for the accident. It is possible that they will determine he is not at fault, but they settle anyway because they do not want to endure a suit. If that is the case, it should not affect his rates.
From my experience, I can tell you that there are almost always suits in these types of cases. And, it is not uncommon for the driver's insurance company to settle.
I wish you well.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
