Opening Automobile Policy Limits In California (2024)

Opening Automobile Policy Limits In California (1)

California, and Los Angeles in particular, is known for its cars, traffic, anda cultural penchant for driving. As a result, California experiences alarge number of car accidents. In fact, Los Angeles ranks as having the second highest pedestrian deaths caused by automobile in the United States.

When you are in a car accident that is not your fault,one of the first things that usually occurs is an insurance claim is made to the negligent driver’s insurance company. The negligent driver’s insurance will often have policy limits which may not be adequate to cover the injuries that were caused.Yet, the insurance company nevertheless frequentlyrefuses to settle withthe injured victim for an amount at or under the negligent driver’s policy limits, preferring to take their chances at trial. The negligent driver, however, not the insurance company,is the one that stands to lose if the insurance company’s gamble does not pay off, because she or he is liable for the judgment. The California Supreme Court has explained that the duty to settle is important “to protect the insured from. . . the insurer’s gamble—on which only the insured might lose.” (Murphy v. Allstate Insurance Company (1976) 17 Cal.3d 937, 941.)

If the insurer refuses a reasonable settlement offer within policy limits,it is playing a risky game. If, ultimately,“the judgment exceeds the policy limits,” the insurance company is liable “for the entire judgment,” including the amountin excess of policy limits.(Blue Ridge Ins. Co. v. Jacobsen (2001) 25 Cal.4th 489, 502.) Thisis what is referred to in the insurance industry as “opening up” a policy.

Opening up a policy can be a technically tricky maneuver to pull off, but it is a potentially powerful tool claimants possess to get insurance companies representing negligent third parties to pay policy benefits. This is important, because as has beenpreviously discussed on this blog, an insurance company only owes a duty of good faith and fair dealing to its own insured, notthird-party claimants.

Several steps must be accomplished to open a policy. First, the claimant must make “a reasonable settlement offer within the policy limits.” (Blue Ridge, supra, 25 Cal.4that 502.)A demand that is “plainly beyond the policy limit” does not open the policy. (Heredia v. Farmers Ins. Exchange (1991) 228 Cal.App.3d 1345, 1355.) Second, the claimant must provide the insurance company with access to all information reasonably necessary to make a decision on the claim, including liability and damages. (Isaacson v. California Ins. Guar. Ass’n (1988) 44 Cal.3d 775, 792.) In addition, claimants must allow the insurance company sufficient time to consider and evaluate the demand and information about the claim, and an unreasonably short “deadline imposed by the offer’s terms” may prevent opening the policy. (Coe v. State Farm Mutual Auto Ins. Co.(1977) 66 Cal.App.3d 981, 994.) Further, the claimant must offer a full release of liability relating to the accident because an insurance company is not allowed “to make a payment that would bankroll a plaintiff’s caseagainst the insured.” (State Farm Mutual Autmobile Ins. Co. v. Crane (1990) 217 Cal.App.3d 1127, 1136.) Finally, the offer to settle must be a “reasonable settlement” offer under the circ*mstances, it is not enough that it just be below policy limits. (Comunale v. Traders And General Ins. Co. (1958) 50 Cal.2d 654, 660.) Whether an offer is reasonable, in many cases, is a highly factual and debatable question.

Persons who have been injured by a negligent driver in California who may nothave enough insurance to cover the damages caused, should consider making a policy limits offer to settle, and take the steps necessary to provide the negligent driver’s insurer withany reasonably necessaryinformation, so that any refusal to pay those limits risks opening the policy.

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Opening Automobile Policy Limits In California (2024)

FAQs

What are the California legal limits for auto insurance? ›

Here are the minimum liability insurance requirements (per California Insurance Code §11580.1b): $15,000 for injury/death to one person. $30,000 for injury/death to more than one person. $5,000 for damage to property.

Does an insurance company have to disclose policy limits in California? ›

An insurer must disclose the coverage and limits of an insurance policy within 30 days after the information is requested in writing by a claimant.

What are the requirements for a policy limit demand in California? ›

It must provide a minimum of 30 days to accept the demand if it is delivered by email or 33 days by regular mail. It should offer a clear demand to settle the claim within the insurance policy limits, and it must satisfy all liens. It should offer a full release of liability for the incident.

Can you get more than policy limits in California? ›

A more common situation is where the insurance company failed to act in good faith and settle the claim within policy limits. In California, an insurance company that refuses to settle a claim in good faith may be liable for the full judgment at trial even if the amount exceeds policy limits.

What is a limit in auto insurance? ›

A limit is the highest amount your insurer will pay for a claim that your insurance policy covers. Think of it this way: It's like filling up a fishbowl. If you file a covered claim, your insurance policy will pay up to a certain amount. You're responsible for any expenses that exceed the limit.

How many cars can be under an insurance? ›

How Many Cars Can You Have on One Insurance Policy? While there is no universal limit, most insurance companies will allow four or five vehicles to be listed on a single policy. Some companies may offer greater flexibility and accommodate more vehicles, while others may have stricter limitations.

How to find out someone's insurance policy limits in California? ›

In California, you can find out someone's insurance policy limits by asking the driver, checking the police report, contacting the insurance company, or filing a lawsuit. The insurance company must disclose your policy limits within 30 days of your request.

What are the 3 limits of insurance policies? ›

Insurance policies include various types of coverage limits—such as property damage liability, bodily injury liability, and personal property caps—and selecting the right limits is crucial to balance potential risks against personal assets and financial capacity.

Can you stack insurance policies in California? ›

However, California prohibits the stacking of insurance policies. This means that a person's underinsured motorist insurance policy can only be used if their own coverage amount is greater than the total amount of coverage the at-fault driver had.

How to open policy limits? ›

Several steps must be accomplished to open a policy. First, the claimant must make “a reasonable settlement offer within the policy limits.” (Blue Ridge, supra, 25 Cal. 4th at 502.) A demand that is “plainly beyond the policy limit” does not open the policy.

When should you demand a policy limit? ›

A settlement demand for an amount within policy limits is reasonable if the defendant knew or should have known at the time the demand was rejected that the potential judgment was likely to exceed the amount of the demand based on the plaintiff's injuries or loss and plaintiff's probable liability.

What is an example of a policy limit? ›

Policy limits may be expressed as a single limit or as split limits, with different maximums for each. For example: a $500,000/$1,000,000 split limit policy might have a maximum of $500,000 per occurrence for property damage and a maximum of $1,000,000 per occurrence for bodily injury.

Who pays the damages that exceed the policy limits? ›

Ultimately, if the court ruling surpasses your policy limits, your insurance company becomes responsible for the full judgment, even the excess amount.

What is the excess of policy limits? ›

Losses in excess of policy limits is an expression used in reinsurance agreements that refers to damages awarded by a court against an insurer in favor of the insured, due to the insurer's having failed to settle a third-party claim against the insured within the policy limits by reason of bad faith, fraud, or gross ...

What is the maximum uninsured motorist coverage in California? ›

The default UMC/UIM California insurers offer is typically: $30,000 for bodily injury coverage or death per person, and. $60,000 for total bodily injury or death per accident (to all people in the other vehicle combined), and. $3,500 for property damage.

What is considered full coverage for car insurance in CA? ›

Full coverage insurance in California includes comprehensive, collision, and liability insurance. California drivers need at least $15,000 in bodily injury liability coverage per person, up to $30,000 per accident, and $5,000 in property damage liability coverage.

Do insurance companies have a limit? ›

Also known as your coverage amount, your insurance limit is the maximum amount your insurer may pay out for a claim, as stated in your policy. Most insurance policies, including home and auto insurance, have different types of coverages with separate coverage limits.

Does California have high car insurance? ›

Full coverage car insurance costs an average of $2,667 per year in California. The average cost for state minimum coverage is $651 per year. Nationally, full coverage costs $2,311, and minimum coverage costs $640 on average per year, so California is an expensive place to buy insurance.

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