QuestionMy dad drove my SUV and met with an accident nearly two years back and was found to be at fault. I was not involved with the accident and my dad was not part of my SUV insurance policy. My dad was living with me, but has since moved to Asia.
Apparently the insurance company has agreed to pay much less than what the injured party has demanded. From what I heard, there seems to be no permanent injury to the other party. My insurance coverage allows for $100K for bodily injury.
The injured person is now suing myself and my dad for $140K.
I have been requested through an email by the injured party’s lawyer to convey to my dad, “a defendant Interrogatories and Request for Production of Documents” to the defendant. This document has named my dad as defendant and it is served also to ‘any insurance company herein as an uninsured or under-insured motorist carrier’, to be answered separately and fully, in writing under oath within twenty one (21) days after service hereof.
The lawyer has also subsequently requested me to arrange a video deposition of my dad.
My dad lives in an area in Asia where communication through internet and phone is very poor, further I do not find the time to facilitate the request. I am thus unable to satisfy the lawyer’s request.
I would like your advice on the following:
1, What would be my liability in not being able to getting my dad’s response to the request facilitated.
2, What would be the extent of my dad’s liability if he does not respond to the request that has been addressed through me?
3, What would be the extent of my dad’s monetary liability to the injured?
Answer Hello Venky,
DON'T DO IT! Your father is outside the jurisdiction of the court and they are attempting to utilize some questionable tactics to get to him.
Now, this is your insurance policy, and you have left out some extremely important details. Did your company settle? For how much? Did the other party sign a release?
You need to contact your insurance company immediately. You need the answers to these questions. Is it possible that they left you hanging? Your company has the duty to protect you from personal liability up to the limits of the policy. Did they do that? Are they going after your father personally, or does this involve your coverage? If the claim is still pending, your insurance company must continue to defend you.
If they have failed to settle properly, you may well need an attorney of your own.
If they did settle the case properly and now the other side has decided to go after your father - DO NOT COOPERATE. You are under no obligation to do so. If they have filed an actual lawsuit against your father - or if they are implying same - then I strongly suggest you need an attorney to sort out exactly what is happening. But you must speak to your insurance company first.
Good luck.
Jane
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