Is a waiver of liability legal?
Is a waiver of liability legal?
Liability waivers are enforceable in California solely to the extent they shift to the customer the risk of ordinary negligence. Under California law, a liability waiver cannot excuse an injury caused by a defendant’s gross negligence, recklessness or intentional wrongful act.
How do you write a waiver?
Start the letter off with a clear explanation regarding your request. For instance, explain that you’re requesting certain fees or charges to be waived or to be released from a previous engagement. Communicate any supporting or relative dates, names of parties, monetary figures, or venues as facts.
Can I sue for more than the defendant’s insurance policy limits?
Unfortunately, you cannot make an insurance company pay beyond its policy limit. You do, however, have the right to sue the at-fault driver for more than the value of his or her insurance policy. This would mean directly filing a lawsuit directly against the driver who caused the accident and not the insurer.
How do you calculate policy limits?
How to Find Out Someone’s Insurance Policy Limit (Auto)
- Ask the at-fault driver for their property damage and personal injury liability coverage.
- Ask the at-fault driver’s insurance company.
- Check your state’s Motor Insurance Database (you will need the VIN and plate number, e.g., here’s Georgia’s – click the “Insurance Status” link).
- Ask your insurance company for help.
What is a demand for policy limits?
An insurance company’s duty to accept a policy limits demand is well-established in California. The duty of good faith and fair dealing implied in all contracts, including insurance policies, requires that an insurer not expose their insured to personal liability for a judgment in excess of the policy limits.
Can I recover more than the insurance policy limits?
Injured people facing an insurance company often ask, “Can I collect injury compensation beyond the insurance policy limits?” Collecting more than a policy limit is possible if your injuries require more compensation, but each case offers its own challenges in doing so.
