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 Posted: Fri Feb 13, 2009 1:14 am Post subject: |
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| Quote: | | so an insured with low coverage policy and an insured with a high coverage policy gets the same free defense with no dollar limits, am I right? |
Yes.
| Quote: | | so even the above statement is written into the injured person's policy, the attorney can still have the release signed without the okay from the UIMBI carrier, and this action is not illegal, right? |
It's "legal" but it's "against" the wording of the policy. An insured has a duty to cooperate but they can't be made to do this and the only time an insurance company should deny a claim for this is when they can show it harmed them in some way. If they would have allowed the BI release to be signed anyway, then doing so without their permission did not change anything. The insurance company can't just use that as an excuse for getting out of paying the UIMBI coverage.
| Quote: | | and it is not the attorney who signs the release, the attorney asks the injured person to sign the release, am I correct? |
It's the injured person who signs the release, yes.
| Quote: | | oh, and something else, when an injured person gets represented by an attorney, the at fault party's carrier cannot contact the injured person directly, right? |
Well, that could be a grey area. No attorney really allows contact without their consent so adjusters just don't contact the person with out that consent but technically I think an attorney might need to notify the insurance company that they are not to contact their client. But that is a little hyper-technical. Basically, the adjuster should avoid contacting the injured person without consent.
| Quote: | | can the injured person's own carrier contact the injured person directly since that person is their insured, or the injured person's own carrier has to contact the representing attorney? |
The own person's carrier also cannot contact their insured without permission. Of course, the can and will reserve their right under the policy requiring their insured to cooperate.
| Quote: | | is this also the case in California? or is California's UM and UIM something like what Lori talked about? |
I don't remember but if Lori said it, its probably correct.  |
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tcope
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| Posted: Fri Feb 13, 2009 7:05 am Post subject: |
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Hi tcope,
| Quote: | | No attorney really allows contact without their consent so adjusters just don't contact the person with out that consent but technically I think an attorney might need to notify the insurance company that they are not to contact their client. But that is a little hyper-technical. |
I'd just like to know if an attorney is usually needed to send in a written statement notifying the at-fault party's insurance carrier that he has been hired.
| Quote: | | Of course, the can and will reserve their right under the policy requiring their insured to cooperate. |
So, that means they could meet the insured in the presence of the attorney..am I right!
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anonymous00
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| Posted: Fri Feb 13, 2009 9:45 am Post subject: |
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Hi tcope,
| Quote: | | The own person's carrier also cannot contact their insured without permission. Of course, the can and will reserve their right under the policy requiring their insured to cooperate. |
sorry, I am a bit confused here, so does it mean that the injured person's own carrier could contact the injured person directly since that person is their insured and the carrier have the right under the policy?
Thanks a whole lot tcope 
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fenny
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| Posted: Fri Feb 13, 2009 4:50 pm Post subject: |
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| Quote: | | I'd just like to know if an attorney is usually needed to send in a written statement notifying the at-fault party's insurance carrier that he has been hired. |
Are you asking if the attorney needs to send the letter or can anyone do it? I guess anyone could do it but I don't see why the attorney would not.
| Quote: | | So, that means they could meet the insured in the presence of the attorney..am I right! |
Yes, it's done all of the time. |
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tcope
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| Posted: Fri Feb 13, 2009 4:53 pm Post subject: |
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| Quote: | | sorry, I am a bit confused here, so does it mean that the injured person's own carrier could contact the injured person directly since that person is their insured and the carrier have the right under the policy? |
Not sure I understand. If the person is represented the attorney will almost always (probably always) notify everyone that they cannot speak to his/her client with his/her permission. That does not mean that the person's own carrier can not speak to their insured (as their insured has a duty to cooperate) it just means that they have to have the attorneys permission. This usually means the attorney is present at all times. |
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tcope
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| Posted: Mon Feb 16, 2009 10:11 am Post subject: |
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Goodmorning tcope,
Thank you deeply for your kind replies and for sharing your expertise with us.
Hope you don't mind if I come back later on asking more questions when they come up while I read some other posts.
Thank you, thank you, thank you.
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fenny
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