If my insurance company has not settled with the other driver from a simple accident and now I’m being sued, do I need seperate representation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my insurance company has not settled with the other driver from a simple accident and now I’m being sued, do I need seperate representation?
The insurer has not settled a simple accident with the other drive and now I’m being sued. They said they will represent me and I should talk to no one about the claim, but the other party is also a client of the same inurer. Isn’t the insurance company biased here? How can they represent my best interest? Shouldn’t I have my own lawyer?
Asked on August 14, 2011 Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The insurer has an obligation to defend you, and moreover, has an obligation to exercise good faith in its defense of it. All contracts, indeed, come with an obligation to exercise good faith, but courts consistently hold that insurance contacts are held to an every higher standard of good faith, because they are not arms length transactions between more-or-less equals.
This means that if the insurer does not defend you well and honestly, you may have a cause of action against them. While you are right to be somewhat guarded or skeptical--though there are valid reasons they may not have settled; e.g. they may not feel the accident was your fault, and they are not obligated to pay when their insured is not at fault--you may wish to watch the proceedings carefully, and then seek legal advice or representation if/when it seems they are not discharging their obligation to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.