Phone: 304-296-3636   or   email: hws@wvalaw.com

 

    9. What should I do if I get sued?
     

    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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 
HAMSTEAD, WILLIAMS & SHOOK PLLC has an 80 year history of providing clients with the highest quality legal services.
 
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