Rear-End Accident in San Diego, CA
Last year, my wife was involved in a rear-end collision for which she is considered at fault. Thankfully, no one was injured, and we both drove away from the scene without involving the police or paramedics. At that time, the most significant damage was to my wife’s front end, while the other vehicle sustained no visible damage.
Now, we find ourselves in a challenging situation:
The other party is pressing our insurance for maximum compensation, leading State Farm to request an affidavit regarding our assets. I have a few questions:
- Should we consult an attorney? (This seems fairly straightforward.)
- Are we legally obligated to disclose our assets?
- If the claimant is pursuing a lawsuit through 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?
Additionally, the accident occurred at a traffic light intersection, and since both parties left the scene without witnesses or a police report, would it be worthwhile to seek video footage from nine months ago? My concern is that the claimant is claiming significant injuries and losses. Would footage showing her getting out of her car and hugging my wife—appearing injury-free—be beneficial for us?
Apologies for the lengthy message. This is our first experience with something like this, and I’m just trying to process everything.
It sounds like you’re in a tough situation—dealing with an insurance claim and potential legal action can be stressful. Here are some responses to your questions:
Should we get an attorney?
Yes, it’s advisable to consult with an attorney. They can provide guidance specific to your situation, help you navigate communications with your insurance company, and represent your interests if a lawsuit is filed.
Are we legally required to disclose our assets?
In most cases, if a lawsuit is filed and you’re being deposed, you may be required to disclose certain financial information. However, this can depend on the jurisdiction and the circumstances of the case. An attorney can advise how much disclosure is necessary.
If she’s suing/filing against our insurance, why does she need to know the contents of our bank accounts and asset value?
The claimant may be assessing potential damages and determining whether it’s worth pursuing further legal action. If they are seeking a settlement that exceeds your policy limits, understanding your assets may serve as a basis for negotiating or deciding whether to pursue a lawsuit.
What can come from providing that information? Can she seize our assets?
If you are required to disclose asset information and a judgment is made against you, the claimant may pursue a claim for damages which could potentially involve garnishing wages or other asset seizures. However, disclosing assets is not a guarantee that such actions will be taken.
Should we look into getting footage nine months later?
If you believe there is footage that could support your case, it could be worthwhile to investigate. Evidence showing the lack of injury immediately after the accident could be beneficial in refuting the claimant’s injury claims. However, obtaining footage after such a long time may be challenging, as it may no longer be available.
It’s crucial to act swiftly and get legal advice to ensure you’re making informed decisions moving forward. Good luck!