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In regard to rear...
Asked 4 months ago - Palm Desert, CA
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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?
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.
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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