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Law Pro
Law Pro, Attorney
Category: Traffic Law
Satisfied Customers: 24432
Experience:  20 years practicing traffic law.
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Hi, I admitted fault in an auto accident. I got a certified

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Hi, I admitted fault in an auto accident. I got a certified letter in the mail that I accepted October 26th - dated October 21st. The letter said that I am being sued for $25,000 by the guy who broke his arm. I forwarded the documents via email to my insurance company by email October 28th after speaking with a representative.

I have followed up 2 times over the phone since then to ensure they are taking care of the matter as not to get a default judgement. They keep telling me they have the matter handled. However, today I just got a summons delivered to my door, I imagine they still haven't responded to the summons. It says I have 28 days to respond to the document (if served by mail) or 21 if not done by mail. I called today when I got the summons and left another message (so now followed up 3 times).

Is there anything else I can do at this point other than keep following up with my insurance company? I'm certain that my insurance company will cover the total amount of the claim based on my policy limits but this is getting ridiculous and this guy doesn't deserve 25k based on what he was doing at the time of the accident in my opinion.
Submitted: 11 months ago.
Category: Traffic Law
Expert:  Law Pro replied 11 months ago.
Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.

Sorry for your situation.

Have you contacted your insurance agent about the matter?

Have you forwared the summons to the insurance company?
Customer: replied 11 months ago.

yes,


 


"I forwarded the documents via email to my insurance company by email October 28th after speaking with a representative. "


 


"I have followed up 2 times over the phone since then to ensure they are taking care of the matter as not to get a default judgement."



"I called today when I got the summons and left another message (so now followed up 3 times)."



I can send the summons when they return on Monday but I just called today and left a message.

Expert:  Law Pro replied 11 months ago.
I'll be honest with you - if I were you I would absolutely hope your insurance carrier drops the ball and the plaintiff get an award against you.

Why? Insurance bad faith.

Insurance bad faith is a legal term of art unique to the law of the United States that describes a tort claim that an insured person may have against an insurance company for its bad acts. Under the law of most jurisdictions in the United States, (Michigan is included) insurance companies owe a duty of good faith and fair dealing to the persons they insure. This duty is often referred to as the "implied covenant of good faith and fair dealing" which automatically exists by operation of law in every insurance contract. If an insurance company violates that covenant, the insured person (or "policyholder") may sue the company on a tort claim in addition to a standard breach of contract claim. The contract-tort distinction is significant because as a matter of public policy, punitive or exemplary damages are unavailable for contract claims, but are available for tort claims. In addition, consequential damages for breach of contract are traditionally subject to certain constraints not applicable to tort actions (see Hadley v. Baxendale). The result is that a plaintiff in an insurance bad faith case may be able to recover an amount larger than the original face value of the policy, if the insurance company's conduct was particularly egregious.



So, if the plaintiff gets a default judgment against you - I would immediately file suit against your insurance carrier for "bad faith" and collect a substantial award way above and beyond the $25k the plaintiff is suing for.

As long as you have sent or forwarded on the information - you have done your due diligence and your insurance carrier dropped the ball - "BAD FAITH".

Your cause of action against your insurance company is substantial - way beyond the 25K.

You will not only get the 25K but also punitive damages against your insurer.

Law Pro, Attorney
Category: Traffic Law
Satisfied Customers: 24432
Experience: 20 years practicing traffic law.
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