Does my auto insurance company have a legal obligation to defend me in court if the other company won't pay?

Question

I got in an accident in Louisiana, the state in which I reside, but the car I was driving is still technically insured in California. I don't know if the answer to this question has anything to do with the state. My insurance company determined that the accident was 100% not my fault, but the other company is giving me a hard time and I'm pretty sure I'm going to have to take them to court. In Louisiana, taking the insurance company along with the accident-causer to court is legal. I just want to know if my own insurance company has the obligation to help me out in court or if I have to go at it alone.

Answer 1

nope you need to talk with lawyer

Answer 2

No they do not.

If you pursue your damages directly through the other insurance, your ins carrier cannot participate in the claims or settlement process.  If you are unsatisifed with the other company's service or settlement offer, you can go through your own insurance and let your company subrogate against the other company to get their money and your deductible back.  

Your company will only defend you in court if you were getting sued in relation to a car accident.

Answer 3

When I was hit from behind, my insurance company told me that if State Farm (the other party's insurance) didn't take care of me that they would go after them.  In fact, my Grandmother was recently hit by a Safe Auto driver, and her provider had to sue them after they denied payment of the repairs.  

So yes, based on my experiences, they should defend you in one way or another.  Now, if there is a medical settlement involved, you will have to contact a lawyer, which is what I did with State Farm (those rat you-know-whats).

Good Luck!

Answer 4

You will need to file suit against the other driver/owner, not the insurance company unless they have acted in bad faith.  The other person's insurance company will defend their insured.  Your insurance company will not assist/defend you in your lawsuit against the other party.  The are only obligated to defend and indemnify if suit is file against you.  

If you have collision coverage, you should simply file a claim against your own policy.  Your insurance company will pay you less your deductible(if it applies), and then subrogate to recover what the paid out and your deductible.

Answer 5

Your company is only obligated to defend you if you are being sued.

If you want to bring suit against the other driver/carrier, you would need to hire your own personal attorney.

What exactly happened in the accident? LA is a pure comparative state, meaning that every driver has some way or another contributed to the accident. I can only see the other driver being 100% at fault if you were rear ended or hit while stopped/parked.

And what exactly is the issue w/the other company that they are not paying?

Note that Louisiana only has a 1 year statute of limitations. Meaning if you are going to file suit, you have to do it w/in 1 year from the date of the accident.

Answer 6

Yes!  The obligation to defend is almost an absolute.

But according to your question, you're not the defendant, you are the plaintiff.  You're suing the other guy.  Your insurer doesn't have an obligation to assist you in a your lawsuit against the other party.

BUT.  Since they have a financial interest in the outcome of the action, they may want to be there to protect their interest.  And since their interest is also your interest, you might want to sit down with the litigation adjuster handling your claim and find out just what they intend to do for you.

Answer 7

For car insurance the best way to get a good rate is do a rate comparison on auto policies. Make sure that you choose similar policies with the same limits, auto model, zip code, etc so that all options are an accurate comparison.



What I usually recommend is an internet comparison quote at http://www.InsureAutoNow.info since they have lots of insurers and can give multiple quotes on car insurance polices.