Legal Question in Personal Injury in California
Uninsured Motorist at Fault, What are our rights?
My husband and daughters were involved in an accident with someone that showed proof of insurance to him and the police officer, but our insurance company found out later that the other driver was no longer covered under the policy.
We have uninsured coverage, and everyone 'seems' to be fine except that my husband is getting really bad headaches, my daughters are not sleeping in their beds, and I've heard horror stories from my friends about issues not appearing until 6 months after a 'slow' accident. Our insurance told us that they wouldn't pursue rental car coverage for us, and wants to settle the medical stuff with us waiving any future action (even waiving our civil code section 1542 rights(?), and requesting Full medical records for my husband and daughters. Our car is a total loss, but we also have gap insurance. Also, once the car is settled, they want a 'standard' release saying that we won't pursue any further action against the other driver. I believe this is because we have the right to pursue all recompense from the other driver before our insurance co. can, right?
What are our rights as far as recompense from our insurance company? Do our collision limits apply? Can we refuse certain parts of the waiver?
4 Answers from Attorneys
Re: Uninsured Motorist at Fault, What are our rights?
First, do not settle until you are sure there are no more health problems and your doctor clears your husband and your daughters.
Second, do not sign any releases as this is a first party rather than third party situation. Write your adjuster a letter demanding authority that says you should sign a release. Do not let your adjuster to bull shit you about "standard practice" or "industry practices" type response on the phone. Make sure you get that in writing, which most knowledgable adjusters won't do.
Once you get your adjuster's rationale or authority in writing, compare that to the language in your policy. Also, contact Department of Insurance and ask them about the legality and/or legitimacy of your own carrier's demand to have you sign a release.
In my opinion this is not kosher. Your own carrier is trying to screw you (excuse my French).
Lastly, the obligatory shameless marketting, call me should you need representation.
Armen
323/782-0099
Re: Uninsured Motorist at Fault, What are our rights?
i hate to sound like the "TV" commercial lawyer, but your insurance company is NOT your ally or friend in this affair, and they do not intend to deal with you in a manner that really looks out after your bests interests. please stop any discussions with them, retain counsel, and have counsel work with you to coordinate proper medical and/or psychological care and treatment for all involved. don't sign anything with them now, you will jeopardize your situation.
please retain counsel, and all your questions will be addressed. if you like you may phone myself, or any other number of competent attorneys to assist you.
thank you.
daniel king
818 587-9299
Re: Uninsured Motorist at Fault, What are our rights?
The gist of this case is; when was the accident? what have you told the insurance company? and have you or your daughter sought medical care?
You are generally entitled under your UM/BI coverage to the same damages you would have been entitled to had the defendant been insured, up to the limits of you UM/BI coverage.
I can help you with this case. Give me a call for a free consulation.
Re: Uninsured Motorist at Fault, What are our rights?
You can sue your insurance company if you have uninsured motorist coverage. After the matter is settled, your carrier will then go after the other driver who is at fault and force them to cough-up the money that they had to pay you. I will be glad to give you a free consultation should you desire to pursue this matter against your carrier. 818.943.0462. One more thing, do not sign any waiver until you discuss this case with me or another attorney of your choice.
Best regards,
David B. Lupoff