I was in an auto accident and hired a lawyer to represent me. The insurance companies are (mine & the other motorist) are investgating in order to determine who is at fault... Meanwhile, I'm asking my attorney to see if the other motorist has full coverage, liability, etc... so I can have an idea as to how things are going to play themselves out in regards to my medical bills, and other compensation, etc... The attorney claims that he can't get the details of the other motorist's insurance policy to answer my questions. This doesn't sound right to me. Shouldn't he, not only be able to obtain their policy, but be working diligently, early on in the process, to obtain this information so he can guage the "possible" compensation that, not only myself, but the docter & himself (the lawyer) may receive? ...my injury is a life altering injury and I need to know what options I have in regards to my medical & all other compensation I may be entitled to. I am not the type to blindly allow my lawyer to do as he chooses, while I remain in the dark as to the facts regarding my situation. Please enlighten me...
Answer by tonalc2
He doesn't need to know how much coverage the other driver has in order to file his lawsuit. He will be asking for a certain amount (usually treble the medical expense). If you win and the other driver's insurance covers it, great. If it doesn't cover it, you still win, and can go after him in civil court for the money.
Answer by Adam K
The lawyer at best would not have access to that information until discovery. More importantly, in the event of a lawsuit, except in limited situations, the collateral source rule applies, which prevents the insurance coverage to be considered (or even discussed) as a measure of your recovery. The other driver's insurance would contribute to the damages awarded to the extent of the policy, but ultimately it is the other driver, not the insurance carrier, that must satisfy your award.
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Orignal From: Can a personal Injury Lawyer get the info about a person's auto policy amount after an accident?
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