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

Asked over 1 year ago - 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?

Additional information

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)

  1. Michael Shemtoub

    Contributor Level 17

    6

    Lawyers agree

    Answered . 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-... more
  2. Steven Mark Sweat

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . 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... more
  3. Adrienne Patricia Allen

    Contributor Level 15

    4

    Lawyers agree

    Answered . 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... more
  4. Robert Max Klein

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . 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.

  5. Scott J. Corwin

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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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