Under the terms of the insurance policy, the company has reserved itself the right to defend the insured in exchange for the duty to defend the insured. That does not mean that it can act for itself - the attorney it hires acts for the responsible driver and is representing HIM. If the defendant is not available to sign discovery, then he is not available to direct his own defense; also, you have not received proper answers to your discovery and the defendant has failed to comply with his discovery obligations. You should consider making a motion for "issue preclusion" or "entry of default" sanctions for the wilful refusal to respond to discovery.

There is no true "indemnity" or "apportionment" claim against you for your own damages. The defense has probably already alleged "contributory negligence" as an affirmative defense. That is all that is needed to raise that issue. Who else is named as a defendant in the cross-complaint?

From your description it sounds to me like you are representing yourself. It sounds to me that the defense firm is trying to take advantage of you, to bully you, to cover up the deficiencies in its ability to defend the case. It might be time to get some help with the litigation of your case - at least paying someone to review the file for you and guide you on how to proceed.

Good luck!

BISNAR|CHASE, Personal Injury Attorneys.

http://www.BestAttorney.com
http://www.California-Lawyer-Attorney.com
800-956-0123.