questions & answers

Question: Car accident where both parties are found at fault, me 30%, them 70%. They are NOW (6 months later) suing for 28 grand of injury present and future costs. Their insurance paid me very little but did pay 5 grand for my totaled truck worth about 15 grand. I only had liability and their lawyers letter states they are suing me personally since my insurance wont help cover anything. He had no injuries at all at the accident, walked around waiting for police, talking on his cell. He went to the doctor 2 days later according to his lawyer. Can I really be liable for 28 grand? Do I need lawyer?

Answer: Please review your insurance policy.  All automobile liability policies include a duty to defend.  That means your policy should pay for a lawyer to defend against this claim.  Arizona courts have ruled that a liability insurance carrier must defend its insured against legal claims that arise from an accident that occurred while the policy was in force.  See, Cagle v. Home Ins. Co., 14 Ariz.App. 360, 483 P.2d 592 (1971); Tucson Public School Dist. No. One v. Home Insurance Co., 9 Ariz.App. 233, 451 P.2d 46 (1969); Lawrence v. Burke, 6 Ariz.App. 228, 431 P.2d 302 (1967); Paulin v. Fireman's Fund Ins. Co., 1 Ariz.App. 408, 403 P.2d 555 (1965).