Legal Question in Insurance Law in California
Liability for under insured
My insurance policy has a 30k/60k for uninsured and under insured. I was injured in an auto accident and the liable person has 30k/60k liability. My medical costs are over 100k. My insurance company said that according to California law, I am not eligible to receive the 30k from my underinsured policy since it is the same as the liable parties 30k liability.
Please let me know if this is a fact or if I am eligible to make the claim against my underinsured and if so, how do I contest their statement.
Thank you,
1 Answer from Attorneys
Re: Liability for under insured
This question cannot be answered properly without reviewing your policy. Note generally, however, that a claim under an underinsured motorist policy in essence gets a credit for amounts recovered from the policy of the person at fault (ie a 100,000 policy really only obligates the insurance company to pay a maximum amount of 85,000, assuming the policy of the person at fault pays out 15,000).
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