Rear-End Collision in San Diego, CA
Last year, my wife was involved in a rear-end collision where she was at fault. Fortunately, neither party sustained serious injuries, and we didn’t involve the police or paramedics. At the time, my wife’s car suffered some damage, but the other vehicle appeared to be unharmed.
Fast forward to today:
Now, the other party is pursuing our insurance for the maximum payout, and State Farm has sent us a claims affidavit that includes information about our assets. I have a few questions:
- Should we consult with an attorney? (This seems like a no-brainer.)
- Are we legally obligated to disclose our assets?
- If the claimant is filing against our insurance, why do they need details about our bank accounts and asset values?
- What could happen if we provide this information? Could they potentially seize our assets?
Also, it’s worth noting that the accident occurred at a traffic light intersection, and both parties left without a witness or a report. Should we consider trying to obtain footage from the area nearly nine months later? The claimant is alleging extensive injuries and damages, and I wonder if video showing her getting out of her car and hugging my wife—appearing uninjured—would help our case.
Apologies for the long post. This is our first experience with something like this, and I’m just trying to think it through.
It’s completely understandable to have questions and concerns in this situation. Here are some responses to your queries:
Should we get an attorney?: Yes, it’s advisable to consult with an attorney, especially given that the claimant is pursuing the maximum claim. An attorney can provide guidance on how to navigate the claims process, protect your interests, and advise you on potential outcomes.
Are we legally required to disclose our assets?: Generally, if a lawsuit is filed, the court may require you to disclose certain financial information. However, this usually applies to litigation proceedings, and insurers may have different requirements during the claims process. Your attorney can clarify what is necessary in your case.
Why does the claimant need to know about your assets?: If the claimant intends to file a lawsuit and seek damages beyond what insurance may cover, they may want to assess your ability to pay if they are awarded a judgment. However, this varies by jurisdiction and situation.
What can come from providing that information? Can she seize our assets?: If the claimant is successful in obtaining a judgment against you in court, they may seek to seize assets or garnish wages to satisfy that judgment. An attorney can provide more specific advice based on your circumstances.
Should we look into getting footage nine months later?: It’s worth exploring if there is any available footage from traffic cameras or nearby surveillance that can help demonstrate the events of the accident. If you have video evidence of your wife and the claimant appearing to be injury-free shortly after the incident, it could potentially support your case. Your attorney can help assess the importance of this footage in your defense.
Navigating such situations can be complex and stressful, but with the right guidance, you can better protect your interests. Taking prompt action, including obtaining legal representation, may be beneficial.