Who Defends the Tortfeasor When You've Been in a Palm Beach County Auto Accident?

Well, you have to first look at the tortfeasor's (person who is being sued for causing the accident) insurance contract to see if there is a duty to defend the insured.  Under Florida law, the insurer is under a duty to defend when the complaint alleges facts that are within the policy coverage.  If a policy has language that excludes  bodily injury or property damage from coverage if the insured's acts are intentional and the complaint only alleges  that the defendant acted intentionally, then the insurer has no duty to defend.

The allegations in the initial complaint are what determine the insurer's duty.  If a complaint  is amended to exclude acts covered by the policy, then the insurer no longer has a duty to defend.  If you are being sued for causing a West Palm Beach car accident, it is probably best to obtain your own separate attorney because the insurance company has incentive to show they should not have to defend you and you want to avoid a conflict so that you get the best possible result. 

If an insurer fails to defend you when the allegations are within the policy coverage, you may be able to bring a breach of contract claim against them.  You may also settle with the injured for a reasonable amount and if the insurer's disclaimer is unreasonable they may be liable for the settlement amount if it is reasonable.  If you are being sued for causing a Palm Beach County accident, contact an experienced Lake Worth car accident attorney to discuss your insurance coverae and protect your rights!