Personal injury claims present many questions to attorneys that must be answered prior to taking on a case. The defendant’s insurance liability limits include crucial details. Whether the client was involved in a car accident or is a victim of medical malpractice, the defendant’s policy provides the key information required to file a lawsuit and pursue litigation.
Liability limit tracing helps obtain one of the most vital pieces of information. Below, we define liability limit tracing, its benefits, and how Fund Capital America helps law firms access this information.
Liability limit tracing is an insurance research service that can access the defendant’s insurance policy. This information provides a clear picture of how much the defendant’s insurance is able to cover. Policy limits for bodily injury, property damage, and other claims determine the maximum amount of coverage.
Liability limit tracing provides attorneys and their clients with a deeper understanding of the potential obstacles or benefits they will gain from pursuing a claim. A lawyer who fails to investigate the liability limits of the opponent will not know what they are up against and may be completely blindsided. The benefits of liability limit tracing are as follows:
Liability limit tracing uncovers the financial aspects of the insurance policy. An attorney must have full knowledge of the potential risks they’re facing. The information uncovered through liability limit tracing will show if the potential payout of a claim will be worth the hard work of pursuing it through litigation. Ultimately, the lawyer will be able to make an informed decision on whether to take on a case.
The information provided by liability limit tracing also helps determine the value of the case. How much coverage does the defendant’s insurance provide? What can I legally demand? These are the types of questions answered with liability limit tracing. It helps the attorney know the exact amount they can demand before sitting down to negotiate a settlement.
When personal injury cases are involved, medical treatment is necessary. Insurance liability limit tracing provides detailed information on the medical coverage the plaintiff will be due. Medical providers can develop treatment plans based on the provided coverage. This is important because if the treatment plan costs more than the provided coverage, the remaining expenses will fall on the client. This will create unneeded stress and out-of-pocket expenses.
Insurance policies can have several types of limits. These include pre-occurrence limits, or the maximum amount the insurance company will pay for a single claim, and per-person limits that cap what it will pay for one person’s claims. Combined limits refer to a single amount that can be applied to several coverage types.
Aggregate limits refer to the total amount the insurer will pay for all claims in a year or other specified period. Another type you may encounter is split limits, which combine per-occurrence, per-person, and aggregate limits. If an insurance policy covers specific items, such as valuable artwork, special limits may apply.
Intended to settle a case that risks losing at trial, a policy limit demand is a request to the insurance company to pay the maximum amount identified in the policy. The insurance company must respond before the time-limited document expires and can reject the demand. If so, it must explain the reason in writing.
You have a few options for finding out someone’s policy limits. You can:
If you submit a request to the insurance company, it’s required to disclose policy limits within 30 days. Provide as much information as you can in your request, including medical records, bills, and documentation of lost wages. The insurance company will then ask the defendant if they want to disclose the policy limit; the more documentation you provide to the adjuster, the greater the chances of disclosure.
The defendant has no legal duty to disclose the amount before you file a lawsuit (insureds may or may not grant permission). However, they may be more likely to authorize disclosure if your claim exceeds the policy limit. After you file a lawsuit, your personal injury attorney will send questions to the defendant that include interrogatories regarding their insurance policies and their limits. The defendant must answer these questions under oath.
The declaration page usually identifies the type of policy, what is covered, and what the policy limits are. It’s usually the first part of an insurance policy.
Coverage is triggered when damage or a loss occurs. An insurance company often limits further coverage while processing or paying a claim. A reinstatement clause reveals when coverage restarts, whether when a claim is filed or after it is paid out. It also states if the same limit applies or if the limit is fully reset. The difference is significant when you’re seeking compensation to cover your bills.
If the expenses you claim are low, the defendant may not authorize disclosure for fear you may build up more medical or repair bills. On the other hand, having expenses that exceed the policy limits creates challenges. Your options include negotiating a settlement with the insurance company or filing a lawsuit. Taking the case to court can result in a higher monetary award than allotted by insurance policy limits.
Fund Capital America is equipped with state-of-the-art information sources and skilled insurance experts who can investigate and trace the limits of liability policies. Our professional staff will provide you with the information you need to build a strong case. We offer a fast turnaround time and case updates on our portal. Our services include detailed tracing for the following:
Determine whether a defendant has an insurance policy or not. The case will require a different legal approach without an existing insurance policy.
Determine what the defendant’s policy will cover and where liability is limited. This will save time and money on discovery and court proceedings.
Sometimes the restitution required for the damages caused exceeds the primary liability limits. In this instance, information on the umbrella policy will indicate the extra coverage that your client may have access to.
When partnering with Fund Capital America for liability limit tracing services, you will have access to thorough and detailed reports required for your client’s case. We provide liability limit tracing services for the following types of insurance policies:
The information our experts locate is provided in an encrypted, confidential report.
Our services are provided at no risk to you – service fees do not apply if we do not find any information.
Extensive insurance research requires a lot of time, effort, and a skilled eye to understand what information is needed from an insurance policy to fight for a fair settlement. Fund Capital America offers a simple insurance research solution that provides you with all the relevant information. Contact us today to learn about the service packages available to you.
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