Would the insurance carrier I had in time of accident represent me in the lawsuit? 28 Answers as of April 02, 2013

I rear ended a vehicle two years ago having coverage. I switched insurance carriers due to increase coverage. Now the victims sue for damages.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
As long as you reported the accident to your auto carrier at the time, then they must defend you and indemnify you.
Answer Applies to: Michigan
Replied: 4/2/2013
Lydy & Moan | C. Gary Wilson
This is under the insurance you had at the time of the accident.
Answer Applies to: Ohio
Replied: 3/28/2013
Wayne J. Wimer, Inc. P.S.
Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
Your insurance coverage dates from the date of the accident. Therefore turn your claim over to the insurance company that insured you at the time of the accident, and don't communicate with the plaintiffs or their attorney or their insurance company in the interim.
Answer Applies to: Washington
Replied: 3/28/2013
Law Offices of Stanley S. Lopata
Law Offices of Stanley S. Lopata | Stan Lopata
Contact your old carrier for representation. You should have reported your accident to that insurance company two years ago and they will have a file.
Answer Applies to: California
Replied: 3/28/2013
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Yes, in Alabama, the carrier you had at the time of the accident should cover you. Immediately notify that carrier.
Answer Applies to: Alabama
Replied: 3/28/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    The insurance carrier you had at the time of the accident should defend the suit and cover the damages.
    Answer Applies to: South Carolina
    Replied: 3/28/2013
    A. Dawn Hayes & Assoc. P.A.
    A. Dawn Hayes & Assoc. P.A. | A. Dawn Hayes
    Yes, the carrier on the date of the accident would be responsible.
    Answer Applies to: Florida
    Replied: 3/28/2013
    Henry Lebensbaum | Henry Lebensbaum
    Contact insurer that you had at time of collision.
    Answer Applies to: Massachusetts
    Replied: 3/28/2013
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    Yes they will. Helping injury victims and their families achieve justice.
    Answer Applies to: Oregon
    Replied: 3/28/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes. They must defend the case.
    Answer Applies to: Alabama
    Replied: 3/28/2013
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    Yes. The insurance that was in place at the time of the accident is the one that will defend and "cover" you. If you haven't already, you should immediately contact them and report the accident and if you've been served with a lawsuit, let them know asap.
    Answer Applies to: Washington
    Replied: 3/28/2013
    John Russo | John Russo
    You are still under the old insurance company for that accident, so yes they would pay counsel to represent you if it goes to suit.
    Answer Applies to: Rhode Island
    Replied: 3/28/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Take the suit papers to your company which had coverage at the time of the collision. Your agent can help you do that.
    Answer Applies to: North Carolina
    Replied: 3/28/2013
    Johnson & Johnson Law Firm, PLLC | Richard Johnson
    Contact the insurer you had at the time of the accident today.
    Answer Applies to: Washington
    Replied: 3/28/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    The company with which you had your insurance on the date of the accident is the one which should provide you with a defense and indemnity if a judgment is rendered against you.
    Answer Applies to: Florida
    Replied: 3/28/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    Yes. All automobile liability insurance policies provide their policy holders an obligation to defend and to indemnify, unless the insurance company correctly claims that the policy does not provide coverage pursuant to an exclusion in the policy, the policy lapsed, etc. If you did not already report the accident to your insurance agent, you should do so immediately. At the same time tell the agent about the lawsuit and provide him/her with a copy of the summon and complaint served upon you. Note: if there is not adequate time to contact the agent before your answer date (normally 28 days after you receive the complaint), then you will need to hire an attorney to answer the complaint so that you do not go into default.
    Answer Applies to: Ohio
    Replied: 3/28/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    Can't hurt to put both of your carriers (date of crash and current) on notice. Usually the one who had the policy in effect on the date of crash will defend, but it's all dependent on what the policy language says in each of your policies.
    Answer Applies to: Michigan
    Replied: 3/28/2013
    Paul A. Lauto, PLLC
    Paul A. Lauto, PLLC | Paul A. Lauto
    In general, the insurance company you had at the time of the accident will afford coverage and representation regardless of switching companies thereafter.
    Answer Applies to: New York
    Replied: 3/28/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    In New Jersey, you should give the Summons and Complaint to your current carrier and your carrier at the time of the accident.
    Answer Applies to: New Jersey
    Replied: 3/28/2013
    Ezim Law Firm | Dean Esposito
    Most automobile insurance policies are Occurrence based policies. As long as the incident occurs during the policy period, they must cover the claim.
    Answer Applies to: Louisiana
    Replied: 3/28/2013
    Gregory S. Shurman, LLC
    Gregory S. Shurman, LLC | Gregory S Shurman
    Yes, the insurance that covered you at the time of the accident should provide your defense.
    Answer Applies to: Georgia
    Replied: 3/28/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    Insurance carrier at time of accident defends.
    Answer Applies to: Illinois
    Replied: 3/28/2013
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