Rear-End Collision in San Diego, CA
Last year, my wife was involved in a rear-end accident where she was deemed at fault. Thankfully, neither party sustained serious injuries, and both of us drove away without involving the police or paramedics. At that time, the only damage was to my wife’s car, which sustained a front-end crunch, while the other vehicle appeared unharmed.
Now, the situation has escalated. The other party is pursuing our insurance for the maximum claim, and we have received an affidavit from State Farm requesting information about our assets. I have a few questions regarding this process:
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Should we consult an attorney? (This seems like a no-brainer.)
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Are we legally obligated to disclose our assets?
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If she is suing or filing a claim against our insurance, why does she need details about our financial accounts and asset values?
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What are the implications of providing this information? Could she potentially seize our assets?
Additionally, I’d like to mention that the accident occurred at a traffic light intersection, and since both parties left the scene without witnesses or a report, should we consider searching for video footage nearly nine months later? The claimant is alleging extensive injuries and various losses, but we have footage of her getting out of her car and embracing my wife, apparently uninjured. Could this be beneficial for us?
I apologize for the lengthy post. This is our first experience with something like this, and I’m just trying to make sense of it all.
It sounds like you’re navigating a complex situation, and it’s completely understandable to have questions and concerns about it. Here are some thoughts on your inquiries:
Should we get an attorney?
Yes, consulting with an attorney experienced in personal injury and insurance claims would be beneficial. They can provide legal advice, represent your interests, and help you understand your rights and options. Having legal representation can also help ensure that you respond appropriately to the demands from the claimant and your insurance company.
Are we legally required to disclose our assets?
Generally, if a lawsuit is filed, the defendant (in this case, your wife) may be required to disclose certain financial information during the discovery process. If the claimant is pursuing damages, they might seek information about your assets to determine the ability to satisfy any potential judgment. However, the extent of what needs to be disclosed can depend on state laws and the specifics of the case.
If she’s suing/filing against our insurance, why does she need to know the contents of our bank accounts and asset value?
Knowledge of your assets might be relevant to the claimant’s case if they are seeking to assess the likelihood of recovering their claims should they win a judgment. They might also be interested in understanding the extent of damages they might pursue if your insurance coverage is insufficient.
What can come from providing that information? Can she seize our assets?
If you provide information about your assets, it could potentially be used to establish the value of damages claimed. However, disclosing assets does not necessarily mean that the claimant can immediately seize them. They would typically need to win a judgment against you in court before they could pursue garnishment or seizure.
Should we look into getting footage nine months later?
Obtaining any available footage could be valuable, especially if it shows that the claimant was not injured or was engaging in actions that contradict their claims. However, the feasibility and cost of obtaining this footage after such a long time should be considered. Your attorney can help you determine if pursuing this is worthwhile.
Navigating insurance claims and potential lawsuits can be overwhelming, so it’s great that you’re seeking information and thinking through your options. An attorney will help clarify these matters and guide you through the process effectively.