How do I find out the at-fault party's insurance policy limits in a California personal injury case?

You can obtain the at-fault party's insurance policy limits by making a formal pre-litigation demand or by filing a lawsuit and using the discovery process. Insurers are generally not required to disclose this information until you follow specific legal procedures. Here is how to find out the at-fault party's insurance policy limits: Step 1: Exchange Basic Information At the scene of the accident, you must exchange information as required by the California Vehicle Code. This includes the other driver's name, address, driver's license number, vehicle identification number, and the name of their insurance company and policy number. Note that this initial exchange will not include the policy's monetary limits. Step 2: Send a Pre-Litigation Time-Limited Demand Before filing a lawsuit, you can send the insurance company a "time-limited settlement demand" under California Code of Civil Procedure Sections 999-999.5. This formal letter must offer to settle the entire claim for a specific amount and give the insurer a set period to accept (typically 30 days). If your demand meets all legal requirements, the insurer is often compelled to disclose the policy limits to properly evaluate your offer. Step 3: File a Personal Injury Lawsuit If the insurer does not respond to your demand or you choose to proceed directly to litigation, you must file a lawsuit against the at-fault party in the appropriate California Superior Court. Filing a lawsuit officially begins the formal legal process and gives you powerful tools to obtain information. Step 4: Serve Formal Discovery Requests Once a lawsuit is filed, your attorney can formally demand the policy limits information through a process called "discovery." Under California Code of Civil Procedure Section 2017.210, you have the right to obtain this information. This is typically done by sending the at-fault party's attorney "Form Interrogatories" and a "Request for Production of Documents," which specifically asks for a copy of the insurance policy's declaration page. They are legally required to provide it. Important considerations: The at-fault party's policy limits are critical for determining the maximum amount of money available from their insurance for your settlement or judgment. This information heavily influences your case strategy. Simply calling the insurance adjuster and asking for the limits is rarely successful, as they have no obligation to tell you without a formal legal demand. Note: The at-fault party may be uninsured or have insurance limits that are too low to cover your damages. The process of making a valid time-limited demand or navigating civil discovery is complex and has strict rules. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California personal injury attorney who can manage this process for you and protect your rights.