California Uninsured Motorist Claims Lawyer
4 million uninsured drivers are speeding along California's streets and freeways on any given day. Although the law in California clearly states that a driver must carry proof of financial responsibility, there is a big chance that the at-fault party either let the policy lapse or was not insured, to begin with.
If you were in an accident with an uninsured driver, not all is lost! Review your policy carefully to determine if you have Uninsured Motorist Coverage (UM Policy).
Uninsured Motorist Protection
UM, Coverage steps into the shoes of the at-fault insurance and provide coverage for your medical costs, lost earnings, pain, and suffering, and future medicals.
Your insurance policy also owes you a duty of good faith and fair dealing, something that the at-fault party's insurance would not.
This means that they have to deal with you fairly, expeditiously, taking into account your best interests. Otherwise, you may have a claim against your insurance for bad faith.
However, the fact that you have an Uninsured Motorist policy does not mean your insurance company is obligated to automatically pay out your claim.
Insurance companies are businesses, and their job is to maximize the bottom line. If they can resolve your claim for less than it is worth, their business model dictates that they try and do so.
While your insurance company may owe you a duty of fair dealing, they are not on your side. They have their interests to protect.
Negotiating With Insurance Companies for Maximum Recovery
If you try to deal with the insurance company on your own, chances are, your recovery will be a lot less than what your case is worth. It is best to start your case by hiring an experienced attorney right away.
Insurance companies keep track of lawyers they have dealt with in the past and know which attorneys fight for their clients, and which ones settle. At Injury Justice Law Firm, our lawyers have a reputation for tenaciously and aggressively representing our clients. We will not back down until we get you the maximum possible recovery.
If you decided to proceed on your own at the beginning of your case and your demand was unreasonably delayed or rejected by your insurance company, it is still not too late! We can help you salvage your case, and are ready to intervene and start protecting your interests immediately.
After an initial pre-litigation demand is rejected, we can pursue additional avenues of recovery on your behalf, such as uninsured motorist arbitration.
Unlike regular litigation in court, the uninsured motorist arbitration process takes place somewhat informally outside of the court system. However, it still follows the same general rules and procedures, and having solid legal representation is key to securing a successful outcome.
Examples of Uninsured Motorist Cases To Cover Client Losses
Below are some examples of cases where Uninsured/Underinsured Motorist policy stepped in to cover our client's losses.
Doris was an Olympic swimmer, who was struck head-on by an uninsured driver. Her insurance company aggressively fought our claim for damages, stating that Doris's depression was a pre-existing condition, and she was not entitled to compensation.
We sent Doris for an evaluation with a neuropsychiatrist, who opined that her pre-existing depression was controlled before the accident, and she was not experiencing any symptoms. Using this doctor's opinion, we were able to convince the insurance company to pay the entirety of the claim, including the loss of earnings Doris suffered when she quit her job due to her depression.
Meghan made a wrong turn on a temporarily one-way street and was struck head-on by a speeding drunk driver. The driver was insured at the time, however, his insurance company went out of business shortly after the accident and filed for bankruptcy. Meghan's own insurance company found her at fault for the accident and refused to compensate her for the injuries she suffered.
After initiating the Uninsured Motorist Arbitration proceedings, we were able to successfully argue to the insurance company that while Meghan might have been contributorily negligent in turning the wrong way on a temporarily one-way street, the fault for the accident primarily lies with the speeding drunk driver.
Helping You Seek Fair Compensation For Your Injuries
Remember, just because your own insurance company owes you a duty of good faith and fair dealing, does not mean they will automatically pay every claim.
Insurance defense attorneys have a bag of tricks that they routinely use to minimize their clients' exposure, and avoid paying out as much as possible. Do not face this battle alone! If you were hurt by an uninsured motorist, call our Los Angeles personal injury attorneys at 310-734-7974.
We will immediately investigate your case to determine all appropriate sources of recovery, and will guide you through the complex process of making, and potentially litigating, a UM Claim.
We have successfully handled numerous UM cases, and we can help you and your family receive fair compensation for the injuries suffered. We look forward to helping you get justice!