Legal Question in Personal Injury in California

I was in a rear ender accident and the 100% responsible party was uninsured - I could not get the UM verification from the DMV though until after the SOL would have run so I had to file against the driver and added DOES. The DMV could not find the record but I finally got it (it was a name error on police report). My question is whether I now dismiss the uninsured driver and add the insurance company as the defendant and serve them with a demand for arbitration - the court is all over me for not serving the defendant and wants to sanction me - but I am not sure what the procedure is now that I have the UM certificate - anyone with a fast answer would be appreciated greatly

Thanks


Asked on 2/18/10, 11:36 am

2 Answers from Attorneys
Steven Kuhn Steven Kuhn

Notify the court that this is a UM claim and ask them to hold the case in abeyance while you pursue the UM claim. Do a demand in writing to your insurance for arbitration pursuant to the provisions of your policy. Send it certified mail, return receipt requested. You may want to consult with an attorney on this. If you want a free consultation, please feel free to call me at (949) 218-6600 or (877) 238-3086.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 2/23/10, 11:48 am
Ben Glen Law Offices of Ben Glen, PC

You may want to file a document with the court stating this is an uninsured motorist matter. Usually, once the court obtains such information, the judge will calender the matter for review in 6 months or more.

You do not add the insurance company as a defendant to the lawsuit. Rather, you send a demand for arbitration to your insurance company by certified mail, return receipt requested.

If you have further questions, feel free to contact me for a free consultation at 877-236-4536.

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Answered on 2/23/10, 3:49 pm


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