Legal Question in Insurance Law in California

I was involved in an auto accident in which the other party was at fault and uninsured. I have uninsured motorists as part of my policy. First I was told by my insurance co. they just needed to confirm they had no insurance, then they stated the other party acknowledged over the phone to not being insured, now I'm being told they have to receive something in writing from the dmv and it could take months before they will pay out on my claim. Is this accurate?


Asked on 1/30/11, 3:28 pm

1 Answer from Attorneys
Robert Worth Robert J. Worth , Professional Law Corporation

The insurance company needs to confiirm that the responsible/negligent driver has no insurance. You can speed this up by confirming the lack of insurance with the CA Dept. of Motor Vehicles (DMV). You need to fill out and SR 19 form that you can obtain from the DMV in person and probably on line. However, your insurance is obligated to do a prompt investigation which includes this. Your actions might speed up the process.

Just so you knw, uninsured motorist coverage will step into the shoes of the negligent driver to cover your hospital/medical bills, loss of earnings and pain and suffering. It does not cover your property damage that would be covered under your collision coverage or UMPD (property damage). I hope this helps. I can help you if you are interested. Bob (818) 222-2433

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Answered on 2/08/11, 4:35 pm


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