Question:

What subject matter should I include in a demand letter for disclosure of policy limits?

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This was for an auto accident last year where I and my sister were injured. The other driver was found to be 100% at fault. I want to do the foot work for the insurance claim myself, but not sure what I should say to request disclosure of the policy limits from the AT FAULT person's insurance company -- AAA. I want to make sure that the insurance company understands that I want them to disclose any family members on the policy as well if they are responsible parties for the AT FAULT person's actions. Thanks so much!

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4 ANSWERS


  1. Unless state law requires that disclosure - they are not going to tell you that information.

    However, each driver is required to carry a certain amount of insurance. Your adjuster can tell you what your state minimum limits are or you can find out from your states insurance department.

    In addition - liabiltiy coverage is very limited in its stacking. The only liability policies you would have access to are 1. the liabiltiy coverage on the vehicle, 2. the drivers liabiltiy policy (if the driver is someone other than than the owner). Other than that - no other family member liabitliy policies would not apply.

    The policy limits only matter if your injury claim exceeds the limits. At that time, the insurance company will tell you they do not have sufficient limits and will tell you to file with your policies under-insured motorist coverage.


  2. Have you tried just calling the claims department and filing your claim against the policy?  The information on the policy is confidential and can only be disclosed to the insured.  In most states, a child listed on a policy as an operator but not an insured cannot even obtain policy information without a note on file from the insured (usually the parent) stating it is okay to discuss with them.

    You should be able to to just call in the claim and let them adjust it.  The policy limits are immaterial unless there is not enough coverage for your claims.  The sooner you start the accepted claim filing procedure, the sooner you'll get your money.

  3. They don't have to and most likely won't share that info with you. The only time I would share it would be if there was the possibility of an uninsured/underinsured motorist claim. What does it matter what their policy limits are? That is not how your claim is valued. If they have 100k limits that does not make your claim worth 100k instead of 75k.

    It will give the claims adj a good laugh though if you ask for that in writing. They will likely pass it through the office making fun of it. FYI - just so you know, your claim is not worth near as much as you think it will be.

  4. Do you really think that the other party's insurer is going to disclose policy information just because you ask for it?

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