I was insured for $200K liability and got into an accident in 2011. The other party had a fractured ankle and filed a lawsuit against me after almost a year, asking for monetary compensation of about $70K, well under my coverage.

I have now moved to a different state and switched my insurance company. The lawyers representing the original insurance company will come to get a deposition from me. They say it may take up to half a day. Also, I have to go for a court appearance in the original state, for about 3 days.

All that incurs some overhead for me, like taking time off from my job, which has some side effects. Can I ask them for a waiver from appearance?

Also, since I am losing work days, can I ask them for compensation for the lost times?

  • 2
    This feels more like a legal question – MrChrister Nov 8 '13 at 21:27
  • Thanks, I added the legal tag. Without consulting a lawyer, trying to get advice from general public here :) – asker Nov 8 '13 at 21:34
  • Okay. Good to know what you are heading into. Remember that laws vary state to state, and as far as I know we don't have any lawyers here. – MrChrister Nov 8 '13 at 21:46

This is generally a legal question, and depends on the laws of your state (where you were insured, not where you live now), and the contract (policy) you had with your insurer.

Generally, insurance policies include provisions where you are required to co-operate with the insurer in order for insurer to defend you. This includes depositions and court appearances. Some policies include compensation for time, others don't, you'll need to look into your policy for details.

Waivers are granted by the court, not by the insurer, and since you're the one being sued I'd guess (not being a lawyer or a legal professional of any kind) that it would be in your best interests to do everything in your defense.

You need to remember that insurance policy is not a "send and forget" thing. You have to work with them. They're defending you, it's your $70K on the line, and if you do not help them - they'll just leave you hanging there on your own.

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