Legal Question in Personal Injury in California

under insured drivers coverage on my auto policy

I was in an accident almost 2 years ago.

(My statute of limitations is protected)

The other party was determined to be 100% at fault.

Aside from property damages losses,

I have been treating physical injuries since.

I will not only need further medical treatment. but will probably need to cover attendant costs which my personal medical insurance does not cover.

Those additional costs will have to come from any pain and suffering settlement I make with the other insurance company.

If the at fault party is underinsured for medical bills, can I claim pain and suffering against the uninsured/underinsured coverage I had on my own auto insurance policy?

(I have not retained an attorney.)


Asked on 8/27/08, 9:52 pm

5 Answers from Attorneys

Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: under insured drivers coverage on my auto policy

Yes, you can use your Um-UIM coverage as you've described. But any insurance company will complain if your treatment goes on too long. You'll need to curtail going to a medical provider and get into an exercise program on your own.

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Answered on 10/28/08, 5:17 pm
Terry A. Nelson Nelson & Lawless

Re: under insured drivers coverage on my auto policy

Pragmatically, you can recover damages from the at fault driver/owner up to the max of their coverage only. Beyond that, you'd have to get them personally to contribute to settlement or sue them and win more than their policy limits. Once you've settled with them, then you can go after your own UM/UIM up to your policy limits, with credit deducted for what you already got. Hopefully, you put your UM/UIM carrier on timely notice. You can claim anything you like, winning and recovering is entirely different.

If you have substantial medical treatment and bills, then attorneys would be interested in handling the case. Feel free to contact me if serious about getting counsel to help you recover full value.

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Answered on 10/27/08, 5:29 pm
Joe Marman Law Office of Joseph Marman

Re: under insured drivers coverage on my auto policy

Yes, you just make the same claim against your own insurance compnay as long as you had a higher policy limit on your Under Insured Motorist portion of your policy coverage than the other driver. You can contact me at [email protected] if you have more questions or want some legal assistance. Joe Marman

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Answered on 10/27/08, 5:30 pm
David Lupoff Law Offices of David B. Lupoff

Re: under insured drivers coverage on my auto policy

Yes, you can turn to your uninsured/underinsured policy if the defending party is under or uninsured. Given the statute of limitations issue, etc., it would be best to contact my office to discuss your case in greater detail. My consultation is free and my telephone number is 818.385.0520.

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Answered on 10/27/08, 5:31 pm
Barry Simon Law Office of Barry J. Simon

Re: under insured drivers coverage on my auto policy

I need more information about your injuries and medical bills. Please email me at [email protected] or through my website at: www.cainjuryoraccidentlawyer.com

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Answered on 10/27/08, 8:02 pm


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