Legal Question in Personal Injury in California
Auto Accident with an uninsured motorist
My husband was in a head on collision on a two way highway. The other vehicle tried to pass a big rig and hit my husband's truck. The truck was totalled and the other driver had a suspended license, no insurance and no registration. My husband was able to walk away but has some physical problems but nothing major at this time. He did go to the emergency and see his normal doctor. Our insurance carrier paid a very generous amount for the car and now is calling him to negotiate a settlement on the pain and suffering. We have 50/100 of UM insurance. This happened a few weeks back. We are in dire need of $$ before we lose our house so the quickest way to get a nice sum is pretty much our question. Thanks
4 Answers from Attorneys
Re: Auto Accident with an uninsured motorist
Meet with an attorney. The first visit is usually free. My phone is 415 544-0400 if you are in the bay area.
Re: Auto Accident with an uninsured motorist
The maximum recovery you can get is the policy limits of uninsured motorist coverage plus medical payments coverage if you have any. The value of the case depends on the nature and extent of the injuries, the amount of economic damages (medical bills and loss of earnings. I would not recommend you settle the case until you are sure he is OK and doesn't need future treatment. The statute of limitations is 1 year from the date of accident to file a formal demand for arbitration under the insurance policy or file suit against the uninsured motorist.
Re: Auto Accident with an uninsured motorist
Insurance companies are always too willing to collect premiums and unwilling to pay fairly for claims. The quickest way to get the money is to take what they offer. But, it likely will be expensive in terms of what you ultimately would have gotten had you waited and had adequate representation.
Also, your husband may be feeling pretty good now, but these accidents usually have long term health consequences, and any settlement now will preclude any further payment should things get worse.
Insurance companies count on financial desperation of injured persons to "get away" with under paying claims.
You decide!
Re: Auto Accident with an uninsured motorist
The value of the settlement depends on the extent of permanent damage to your husband, the degree of potential damage and the current and potential medical bills. Insurance companies are never, never generous.
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