Accident in San Diego, CA
Last year, my wife was involved in a rear-end collision where she was at fault. Fortunately, both drivers were unharmed, and there was no police or medical assistance called. At the time, the most significant damage was to my wife’s front end, while the other vehicle showed no signs of damage.
Fast forward to now:
The other party is pushing our insurance for the maximum payout, and State Farm has sent us a claims affidavit that includes details about our assets. I have a few questions:
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Should we consider hiring an attorney? (This seems pretty clear.)
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Are we legally obliged to disclose our assets?
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If she is pursuing action against our insurance, why does she need to know about our bank accounts and asset values?
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What could happen if we provide that information? Is there a risk of her seizing our assets?
Additionally, the accident occurred at a traffic light intersection, and since both drivers left the scene without witnesses or a report, should we look into obtaining any video footage from nine months ago? I ask because the claimant is now claiming to have serious injuries and losses, and I wonder if footage showing her getting out of her car and hugging my wife, appearing unharmed, could support our case.
Apologies for the lengthy message. This is all new to us, and I’m just trying to process everything.
It sounds like you’re dealing with a really challenging situation. Here are some thoughts on your questions:
Should you get an attorney? Yes, this is a wise decision. An attorney can help you navigate the complexities of the claims process and ensure that your rights are protected. They can also provide guidance on how to respond to the affidavit and any other requests from the claimant or your insurance company.
Are you legally required to disclose your assets? Generally, when a claimant pursues a lawsuit, they may request financial information if it’s relevant to their case. Depending on the specifics of the case and local laws, there may be requirements to disclose certain assets; however, your attorney will be able to provide detailed guidance on what’s necessary.
Why does the claimant need to know about your assets? The claimant may want to assess your ability to pay if they win a judgment. In some cases, this information can also help in negotiating a settlement. However, your attorney can help you understand what information you need to disclose, if any.
What could come from providing that information? Can she seize your assets? If you provide your asset information and the case goes to court, it may be used in the judgment phase if they win. If a judgment is issued against you, there is a possibility that assets could be targeted for collection, but this often depends on various factors, including state laws and the specifics of the case.
Should you look into getting footage from the intersection? It’s definitely worth exploring. Video footage could serve as evidence to refute the claimant’s assertions, especially if it shows them unharmed. Timing can be crucial in obtaining video footage, as many cameras may overwrite data after a certain period. Your attorney can advise you on how best to pursue this and whether it would be useful in your defense.
It’s admirable that you’re actively seeking to understand your options. Having a knowledgeable attorney by your side can provide clarity and support during this entire process. Good luck!