Whether you’ve experienced a vehicle collision at the fault of another driver or an injury from a company’s products or services, having all the information is crucial for optimizing your personal injury claim. Finding hidden policy coverage using insurance research strategies, specialized liability limit tracing tools, and expert legal assistance can help you get the settlement and verdict you deserve. Whatever your legal needs, Fund Capital America’s team in Los Angeles can assist.
When Insurance Policies Might Be Hiding
Individuals don’t have a legal obligation to disclose the full details of their policy limits under normal circumstances. Outside of base limits, other insurance details can unveil hidden insurance coverage.
Umbrella and excess coverage
Umbrella coverage is a type of excess liability insurance that kicks in once damages exceed the original automotive or other base insurance limits. The insurance company only pays what they’re contractually obligated to if a party sues the defendant beyond their current policy, and amounts beyond that may qualify for excess verdict awards. For example, if an at-fault driver has a policy limit of $25,000, and your total damages are $35,000, the $10,000 difference falls under the umbrella insurance.
Corporate structures
If a corporate defendant’s liability exceeds policy limits, their subsidiaries, parent companies, and affiliated entities may have insurance coverage that can cover the excess amount.
Start by determining if the defendant belongs to a larger corporate structure, then obtain copies of insurance policies to identify provisions from parent companies or other parts of the corporate structure. Working with insurance representatives and legal experts, you can inquire about the availability and amount of coverage that may apply to your circumstances.
Past and related lawsuits
Research previous litigation to expose insurance history and provide valuable details, such as the insurer’s name and coverage limits. Review court records and settlement agreements that outline insurance coverage terms and past payouts from the insurance company — legal experts can help you interpret this information to infer patterns and provide further advice.
Outdated records
Outdated or expired policies can reveal additional coverage that was in effect during the relevant period. Inquire with the defendant’s insurance company about archived policies that may provide additional coverage. Public records may also have information about the defendant’s past policies, such as insurance transaction records or regulatory filings. An attorney can assist you with locating these records from companies and databases, interpreting coverage criteria, and issuing requests for insurance record documents.
Strategies for Uncovering Hidden Coverage
Simply requesting information from a defendant or insurance company doesn’t always yield all the information you need to get the most from your case. Try the following strategies for a more advanced legal approach.
Go beyond the basics
Beyond calling insurance companies, certain legal investigative tools can help you and your attorney gather information about hidden insurance coverage. These include:
- Depositions: Depositions summon witnesses or parties of a case to provide oral testimonies under oath. Attorneys can use these testimonies to inquire about base insurance coverage and other relevant policies.
- Subpoenas: A subpoena is a summons to compel a witness to provide evidence through either evidence or testimony before a court or other legal proceedings. Issuing subpoenas can allow attorneys to obtain copies of insurance policies and other relevant documentation that may indicate undisclosed coverage.
- Interrogatories: Parties can exchange interrogatories, which are formal written questions and answers under oath, to clarify details about undisclosed or ambiguous insurance coverage.
Specialized resources
Leveraging resources such as public records databases, proprietary tools, and other online resources can help you and your legal representation locate insurance details. Public records databases typically include courthouse records, business filings and registrations, and other records that can reveal or imply details about policy terms and limits.
Specialized research tools, such as liability limit tracing, can track and access information about defendants’ insurance policies. Others may utilize open sources, such as social media, government databases, and court records to gather and analyze data related to assets, income, and policy details.
When to utilize experts
Experienced insurance investigators can help in many legal circumstances, especially if a defendant has failed to disclose accurate details about their coverage limits. These legal experts are skilled at handling complex cases involving complicated corporate structures or ambiguous insurance terms to identify additional policy limits.
Investigators can also employ their insurance industry knowledge and experience with policy types and typical industry practices to uncover hidden coverage. Combined with interviews, testimonies, and other expert investigative tools, they can parse through and analyze the overload of information.
Hidden Policies and Their Impact
Hidden policies can have major impacts on legal decisions, and having all the information is crucial for filing lawsuits and pursuing litigation.
Understanding defendants’ policy limits upfront can help plaintiffs and their legal representation assess whether the potential damage awards within the policy limits have a net positive over legal costs. Uncovering hidden coverage and other obscured details can also provide your attorney with more information they can use to optimize their legal strategy. For instance, knowing the full policy limit can help achieve better verdicts and settlements.
Maximize Your Settlement With Policy Limit Searches from Fund Capital America in Los Angeles
Utilizing insurance discovery strategies, such as effective policy limit searches and hiring legal experts, can help you gather all the information you need to get the most from your claim.
At Fund Capital America in Los Angeles, we can help attorneys and their personal injury plaintiffs streamline claims and lawsuits. Contact us today to get started.
Frequently Asked Questions
How long does a thorough policy limit search typically take?
The timeline for a thorough policy limit search depends on the complexity of the case as well as the availability of resources, tools, and information.
