Rear-End Accident in San Diego, CA
Last year, my wife was involved in a rear-end collision and was found to be at fault. Thankfully, both drivers were unharmed, and no police or paramedics were called. At the time, the only damage was to my wife’s front end, while the other vehicle showed no visible damage.
Now, several months later, the other party is pursuing our insurance company for the maximum claim amount. As a result, State Farm has sent us an affidavit requesting details about our assets. I have a few questions:
- Should we hire an attorney? (This seems like a clear Yes.)
- Are we legally obligated to disclose our assets?
- If the claimant is filing a suit against our insurance, why would they need information about our bank accounts and asset values?
- What could happen if we provide this information? Could she potentially seize our assets?
Additionally, it’s worth noting that the accident occurred at a traffic light, and both drivers left the scene without witnesses or a police report. Should we consider looking for surveillance footage from nine months ago? The claimant is now alleging significant injuries and losses, and I wonder if video evidence showing her exiting her car and hugging my wife without any signs of injury could be beneficial.
Apologies for the lengthy message. This is our first experience with such a situation, and I’m simply thinking through our options.
It’s understandable to feel overwhelmed in this situation. Here are some responses to your questions:
Should we get an attorney?
Yes, it’s highly advisable to consult with an attorney who specializes in personal injury or insurance claims. They can help you navigate the complexities of this situation, especially since the claimant is pursuing maximum compensation and you could potentially be facing a lawsuit.
Are we legally required to disclose our assets?
In California, if a claim is filed and litigation is underway, the claimant may seek to understand the defendant’s financial situation, especially if they believe there’s a chance of collecting damages. However, the specifics can vary, so legal advice from an attorney is essential.
Why does she need to know the contents of our bank accounts and asset value?
The claimant may be seeking financial compensation that exceeds your insurance policy limits, and this information could help them determine if filing a lawsuit might yield a judgment that can be collected against your personal assets.
What can come from providing that information? Can she seize our assets?
If you provide this information and a court rules in favor of the claimant, they could potentially pursue collection actions against your assets if the damages exceed your insurance coverage. This is another reason why discussing this with an attorney is crucial.
Should we look into getting footage nine months later?
While it may be difficult to locate footage so long after the incident, it could be valuable if it clearly shows the circumstances of the accident and the behavior of the claimant post-accident. An attorney can assist in investigating this further and determining if it’s worth pursuing.
Overall, getting legal guidance will help you protect your interests and navigate the next steps. Good luck!