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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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I was a driver and had a pedestrian, in the dark, on a cell

Customer Question

I was a driver and had a pedestrian, in the dark, on a cell phone walk in front of my vehicle. I never saw him until he was directly in front of me and hit him at appsx 5-10mph. He has a broken leg and my insurance is 50,000. He now has a lawyer. The lawyer contacted my insurance company and is requesting my residence history, employer information, etc. Do I have to answer these questions?
Submitted: 1 year ago.
Category: Legal
Expert:  MShore replied 1 year ago.
Thank you for the post, I am happy to assist you by answering your questions. No, you do not have a legal duty to answer these questions. However, your insurance company may require that you do so per your insurance contract if the insurance company is covering the claim. Is the insurance company requesting that you provide the information the attorney is requesting?
Customer: replied 1 year ago.

The claims adjuster informed me of the attorney's request and is forwarding them to me. She told me I may want to contact an attorney. They however are not requiring the information. I do not have any assets so would I be further ahead to just provide the information and let them index me, hoping that he advises his client to take the 50K and walk away?


 

Expert:  MShore replied 1 year ago.
Thank you, XXXXX XXXXX currently employed full time? I ask because your wages could be construed as an asset and therefore subject to judgment creditor action in the event the sum awarded per a suit exceeds the $50k cap on your insurance.
Customer: replied 1 year ago.
Yes I am a registered nurse
Expert:  MShore replied 1 year ago.
Thank you, XXXXX XXXXX can be garnished (up to 25% of your net income), and this may be why they are requesting your employment history. But to answer your questions you are not under any legal obligation to provide the information requested. Please let me know if this answers your questions or if you have any follow up questions.
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
MShore and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Can the other party be held partly liable? He did tell the officer that he did see my vehicle but just assumed I would stop?
Expert:  MShore replied 1 year ago.
Yes, the other party could be held liable for failing to observe oncoming traffic, particularly if he was jaywalking or not crossing when directed to do so by a pedestrian traffic signal.
Customer: replied 1 year ago.
Should I retain an attorney at this time?
Expert:  MShore replied 1 year ago.
Not until suit is actually filed, the plaintiff may very well settle the case with your insurance company before suit is ever filed.

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