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You want to reach out to the claim rep to find out who the attorney is and see if they plan on answering. It’ll get you much further.
This is the right answer. Default won't get you anywhere, you need the insurance to get involved.
Meh. Do you know who the attorney is? I’d maybe reach out to him, extend a courtesy before you notice the DJ.
Courts do not favor default unless egregious. You can file and it will get the attention of the defendant. But you can almost guarantee that motion to vacate will be granted.
Pro
A policy with money behind it versus a Defendant who fails to cooperate with his own insurance company is much better for your Plaintiff in the long run
Concur with reach out to the other sides attorney
You’ll need to have damages experts to back up your proposed default award. Instead of rushing that and likely having to pay for extra for more expert time, it makes more sense to reach out to claims rep before filing. With insurance companies, their default opposition will come quickly and would make the default a waste of your time.
Reach out to other counsel. I’ve seen the other side admit liability in exchange for filing a late answer.
Also, professional courtesies get you very, very far haha
Conversation Starter
I know who the insurer is because we were unable to negotiate a settlement but I don’t know who they’ve retained as counsel. But I could reach out to the claims rep. The question is why would I do that.
If you get a default and then go through the hoops to get a final judgement, you've basically killed that defendant's ability to get insurance coverage for the accident. Would you rather have access to the known insurance policy or the unknown (potentially inaccessible) assets of the defendant?