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Phone: 304-296-3636
or
email:
hws@wvalaw.com
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9.
What should I do if I get sued?
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Contact your
insurance carrier as soon as you become aware of an incident in
which you may be implicated in some other person's injury. If you
are served with Court papers, let your insurer know immediately. The
failure to promptly inform your insurance carrier of such a
development may affect your right to claim liability coverage. Your
insurance company will generally hire a lawyer to represent you if
you are sued. Even though the insurance company pays for the
attorney, that lawyer is your attorney --- not the insurance
company's. You have the right to be kept informed of developments.
You have the right to be told if there is ever a conflict between
what is in your best interest and in your insurance company's best
interest. Occasionally, conflicts will arise when it comes to
settlement. As a general proposition the law in West Virginia is
that an insurance company has to make a reasonable effort to settle
a suit brought against you within the policy limits of your
coverage. Thus, if you have a $50,000 insurance policy and there is
a good chance that the person who sued you will recover a verdict
greater than $50,000 at trial, the insurance company has the duty to
attempt settlement within its policy limits. This is so that your
personal assets are not placed at risk. If the insurance company is
not reasonable in trying to settle your case, and the injured person
gets a verdict larger than the amount of insurance coverage you
have, then you may have a claim against your own insurance company
for what is know as bad faith. An experienced trial attorney can
advise you if you are being dealt with fairly by your own insurance
company, and what your remedies are if you are not.
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