Car accident - does insurance company provide lawyers?

Question

My sister was involved in an auto accident few years ago, and her and the other driver both had injuries (not major). She was turning left at an intersection with the left arrow light, and the other driver who was coming from the left hit her driver side as my sister was turning. After all the hype, the other driver told the police that it was my sister who ran the red light - even though my sister was turning left with green arrow light (with cars going straight stopped at red). After that, my sister thought about bringing a claim because she was made that the other person was lying, but since there wasn't much injuries she received damages for her car and injuries from her insurance company and didn't bring a claim.

Now that statute of limitiation is getting closer, my sister just got a notice from the other person's lawyer, that they're bringing a claim against her.

Will my sister's insurance company provide a lawyer or does she have to pay for her own?

Answer 1

Allstate says they will send an attorney to help you -

If she has allstate she's covered.

Answer 2

Not all insurance companies provide their customers with attorneys, and those who do, it's extra coverage that the customer is paying for. So, if she has a premium that provides their clients with attorneys, then she would be paying for that. I know All-State provides customers with lawyers, generally no better than court appointed attorneys--but an attorney nonetheless. But the smaller companies like Freeway and General aren't going to send her a lawyer. Most insurance companies work closely with litigation firms so even if her insurance company does not provide attorneys, they can send her to an attorney who deals with these sorts of claims. She's not going to get a lawyer who graduated at the top his class from Harvard Law, but she will get someone.

Was the damage above $5,000? Because, if it's anything less than that, there shouldn't be any lawyers involved because claims below $5,000 go through small claims. But, anything greater than that goes to court, and she would need a lawyer unless she wants to represent herself.

Make sure she has copies of everything. Police reports, insurance claims, evidence of damage, etc. It's not about what happened, it's about what she can prove. And unless she can prove that it was the other guys fault, she can point fingers at the other guy all she wants, even if it is true, unless she can prove that it was his fault and not hers, it's her fault. She is the defendant, she has to defend herself, whereas the plaintiff is basically pointing fingers. The burden is on her and her attorney to prove that she was not at fault.

She needs to talk with her insurance company and go from there. There may not even be grounds to bring it to court, it may end up going through small claims. Just because the other guy's lawyer whips up notice doesn't mean it will go to court. A few years after an accident is not the time to be suing, so the judge could dismiss the case on those grounds alone.

Answer 3

The insurance company does not provide legal aid to policy holders. Your sister needs to find a qualified personal injury attorney in your area. If the other driver lied that points to the most important question? Who, if anyone received a traffic citation? Whenever you are involved in an accident call the police immediately and keep the following items in your glovebox. 1) Single use disposable camera  2) Small writing pad with pens to get the pertinent info on the other driver and/or any witnesses. First thing she should have done was take pictures of her car (in the location where it was hit) and of the other car. Accident reconstructionists can tell by where damage is located on a vehicle who was at fault. Contact the local/state Bar Association (ask friends, neighbors, etc.) to find a good "board certified" attorney in the personal injury area. If your sister has a good case an attorney will take the case on a "contingency basis" (no fee if they don't win). If not she is about to get an expensive lesson. She had better obtain a copy of the accident report and find out if the other driver got ticketed for either "failure to yield right of way" or failure to obey a traffic device. She needs to get moving like yesterday. The other person's lawyer is coming forth now to try to get your sister to make payment arrangements though the odds are good it was not her fault. A lot depends on what the police report says. Good luck but for future reference please put those items in your car for your protection.

Answer 4

Her insurance company will defend her. Make sure she sends a copy of the letter to her adjuster asap.

Answer 5

The insurance company has lawyers who look after their own interests.  They won't provide her with representation.  As long as the judgement or settlement is less than the liability limits on her policy, she won't have to pay anything.

Answer 6

Yes, if she is being sued her insurance company should provide her a lawyer.  She needs to call her agent and they should put her in touch with someone to help her.  Tell her not to be surprised if her insurance company pays out to the other person though.  The same thing happened to me.  I was hit by a drunk driver and pushed into another car.  The people I was pushed into both brought claims against me saying that "I should have seen what was coming behind me and, because of me, they've had loss of enjoyment of life".  Well I decided to play detective and actually pulled pictures off the internet of them out at the clubs after the accident, and my insurance company still payed out to both of them!  Tell her to hang in there!

Answer 7

Her insurance company will refer the complaint over to staff counsel to defend her pursuant to the terms of the contract.  The expenses/fees incurred will be paid by her insurance company.  

If the claimed injuries have a potential to exceed her policy limits, then the claims adjuster will notify her.  At that point, she MAY have to hire a personal attorney to work with the insurance defense attorney to protect her against any excess exposure.   The insurance company's duty to defend usually ends once the policy is tendered.  

She needs to get that complaint over to the insurance company ASAP since there is usually a time frame to answer before a default is entered.

Edit - some of these answers are just simply INCORRECT.  If she wanted to pursue a claim for her own injuries, then yes, she would need to hire her own attorney.  The insurance company will not provide legal assistance.  However, since she is the one being sued, then YES, the insurance company will defend and indemnify her.  The insurance attorneys are competent, and are not just "public defenders".   There is no separate coverage available either.  Refer to the General Provisions of the policy under the sub-clause, "Our duty to defend, and our right to settle".