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Auto accident - Best course of action for Party 2 . In regard to rear-end auto accident where fault is not in dispute.

Palm Desert, CA |

Party 1 rear ends Party 2. Party 2 sustains complicated soft tissue shoulder and neck injuries. Party 1 has auto ins but is EXCLUDED from his own policy. Party 2 has Uninsured Motorist coverage: 50K per person.

Should Party 2 sue Party 1 and submit judgement under Uninsured Motorist or Approach his own insurer with the Uninsured Motorist claim directly?

The issue is Party 2's lawyer seems only interested in making low demands directly to Uninsured Motorist to 'cash out.' As a 30 year Casualty Insurance Underwriter, I find this the easy way out.. good for attorney - bad for injured party. In other words - What are the other options?

Attorney Answers 5

Posted

Either way you have a case in your hands. You should contact a local attorney to discuss your options and as most of us offer free consultations, you stand to gain peace of mind.

Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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Posted

This is the point, Michael.. Party 2's lawyer seems only interested in making low demands directly to Uninsured Motorist to 'cash out.' As a 30 year Casualty Insurance Underwriter I find this the easy way out.. good for attorney - bad for injured party.

Posted

It really depends on your injuries and the value of your case. If under $50K you can use your own UM insurance. If greater than $50K you may want to sue the other party for more. You should consult with a personal injury attorney to help decide this.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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Posted

Party 2's lawyer seems only interested in making low demands directly to Uninsured Motorist to 'cash out.' As a 30 year Casualty Insurance Underwriter I find this to be the easy way out.. good for attorney - bad for injured party. Looking for opinions on the proper way to handle this.

Adrienne Patricia Allen

Adrienne Patricia Allen

Posted

Unfornately in this forum we cannot determine the proper way for you to handle this. Feel free to call one of us to discuss your case personally. Good luck to you!

Posted

You should definitely pursue the uninsured motorist claim. You should retain an attorney to assist you in doing so.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

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Posted

Pursuing Uninsured Motorist is a given. Party 2's lawyer seems only interested in making low demands directly to Uninsured Motorist to 'cash out' without interest in Party 1.

Posted

You should review Insurance Code sections 11580-11589.5, which discusses how to proceed with an Uninsured Motorist claim. If I recall correctly (and you need to discuss this with your own lawyer), if you obtain a judgment against party 1, this judgment may violate the duty you have to your own UM carrier; and they would not be obligated to pay out on the judgment. If you are not happy with the actions of your lawyer, hire a new one. Good luck.

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Posted

If you have a lawyer, then you need to address these issues with your lawyer because he knows the most about your case. If you do not currently have a lawyer, then I would strongly recommend that you hire a local attorney to represent you. If you have any questions or would like to develop a legal strategy to help you recover the most, feel free to contact my offices: (310) 207-4030.
Best of luck.

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