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What happens when you're sued
By Insure.com

If somebody injures herself on your property, or if you cause a five-car pile-up, you may be in for a rough road of liability litigation. But before you pick up the phone to call Johnnie Cochran, here are some things to know about the legal departments of insurance companies.

What you have to do

If you're involved in an accident that causes damage to you, your car, or someone else, or if someone has an accident on your property, the first thing you should do is contact your insurance agent or company. He should take you through the steps of the claim process. Insurance agents tell Insure.com that you're duty-bound to report any claim or any potential claim to the company, or to the agent who represents the company. You should report the what, where, and how of the situation.

Special rules for business

Some states have ruled that if insurance companies determine a business's liability limits are too low — that is, the amounts of coverage you have are too low for your risks — they are not under obligation to defend you if you are sued. This is where the question of your insurance company's legal obligation to you gets tricky. Don't assume that you can buy the lowest amount of coverage and then get full legal representation. If you live in certain states and you settle a suit, your company will pay for damages up to what your liability coverage is.

However, if your case goes to trial, your legal costs and settlement amount will probably exceed your liability limit, and your business will have to pay the difference.

Once your agent gets the claim information, he'll pass it along to your insurer's claims department, and the investigation into your situation begins.

Next, find out what your insurance company will do for you in case you're sued. In other words, read your policy. For example, a sample car insurance policy states: "We will defend any lawsuit brought against the insured [that's you] for" any damages sought by other parties. The policy also states that the insurance company will cover the damages you're liable for up to the limits of your policy. Liability policies for home insurance read much the same way.

If you think the legalese in your policy looks like a contract, you're right. Ask your insurance agent for help because your policy's wording is paramount in determining your insurer's legal obligation to you. In most cases, the insurance company will appoint an attorney for you. However, check the policy language, because you may have to supply your own defense.

In addition, if you violate the insurance contract, you might find yourself denied a defense from your insurance company, which means you'll have to find your own lawyer and pay out of your own pocket.

Their legal obligation to you

You may be denied a defense if your conduct is deemed reckless or willfully and wantonly destructive. Insurance companies generally will not defend you in cases involving losses caused by your excessive speeding or driving under the influence of controlled substances. These rules are not across-the-board, and each case is judged on its merits.

Every state has different rules, and even some jurisdictions within those states have specific rules. Check your policy and talk to your insurance agent or company to clarify these issues.

Waiting in the courthouse

If your case makes it to the courtroom, expect the process to take at least a couple of weeks, if not more. Look out if you're in New York, though. It can take three years just to get to trial in New York. What's more, case length depends on the particular litigation system you're in, which judge you have, and how interested the judge is in moving his docket.

Cooperation and patience are key

The No. 1 gripe is how much time you have to spend in court.

In order to get the best defense you can, you should work with your insurance company. Cooperate with the insurance company's investigation and their defense of you. If you don't, the insurance company can say they don't have to defend you because you are in violation of your contract.

What's more, litigation can be time-consuming. The No. 1 gripe of policyholders is often the amount of time they are required to spend in court, either to help with the investigation or to testify. But realize that if you're to get a proper defense, you're going to have to be patient.

 

Last Updated Jun. 20, 2001
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