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Can I reasonably ask for full payment of my uninsured motorist policy?

Los Angeles, CA |

Other driver 100% at fault, no license or insurance.. I have been off work for 30 days. Extreme soft tissue injuries and large gash and numbness in lower left leg. Severed ACL & MCL Right knee (must have surgery). Fractured left wrist (I'm right handed). I could not walk for the first week, can use crutches for extreme short distance ( bed to living room) for the 2nd and 3rd week. Now in the 4th week with leg brace and crutch I can move around until the left leg swells to the point I feel the skins going to split.
I don't know anything about this as I have never been in this situation. But I plan to ask for the full 100k payment. Is this reasonable?

Attorney Answers 11


  1. If you can show that the other driver was the sole cause of the accident then the value of your case far exceeds the $100,000 policy. If they refuse to pay that you may even have a bad faith case against them once they are forced to pay it at arbitration.

    If you have health insurance that is asking for reimbursement from your settlement, make sure that they understand you are collecting nothing from the person who hit you. They are only entitled to recovery from damages you collect from that person. They do not have a right to be reimbursed out of your own uninsured coverage.

    If you have any other questions, feel free to contact our office. We would be glad to talk you through the process.

    Good Luck!

    This response applies to California Law only and does not create any legal relationship between the attorney and the person who submitted the question.


  2. You may certainly ask for the policy. Is there more than one vehicle involved? Is this your uninsured or underinsured motorist endorsement? Do you have liens? What was the cause of the incident? Sure, this may be one of those rare and unique circumstances where you don't need a lawyer. However, chances are it is not. Most times you will net less without than with. Ask yourself why the insurance company doesn't want you to use a lawyer. At a minimum you owe it to yourself, expecialy with injuries of this magnitude, to consult with local and qualified personal injury counsel. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  3. Without a lawyer, it is highly unlikely. Retain a lawyer with a low contingency fee, less than 30%, so you are left with the lion's share of the settlement.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  4. If you injuries are as you stated you should get copies of your medical records, the bills, and evidence of your wage loss. Send it all to your UM insurance carrier with a demand for the $100K.

    No carrier is ever easy to work with so it may be worth your while to at least consult with a personal injury lawyer who will meet with you for free to go over your case. Your carrier may delay resolution of the case for a variety of reasons. Without a lawyer to prosecute the case they may delay even further.

    Seek out a highly rated and respected lawyer and at the very least consult with them. If you don't need their assistance, any well respected lawyer will tell you that you don't need them.

    Hope this helps.


  5. Agreed that without a lawyer you will not receive the full $100,000. Even thought they are your insurance company they are not just going to give you the policy limits i=unless your damages clearly are in excess of $100,000.

    Good luck

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  6. You should at least consult with an experienced personal injury attorney to discuss your case in greater detail. The injuries

    are major and you deserve to be compensated fully. There are issues that need to be addressed which may be best handled by an attorney.

    These issues not only include negotiating your settlement but also negotiating with your health care providers or your health insurance companies

    regarding potential reimbursement issues. These issues can be discussed with an attorney in your free consultation.

    Feel free to call our office or any other qualified personal injury attorney in Los Angeles.



    John Nojima

    Lederer & Nojima, LLP

    12100 Wilshire Blvd. #480

    LA CA 90025

    (310) 312-1860



    LNTLB.COM


  7. I agree with the advice provided here.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.


  8. From what you describe, it very well may be reasonable to demand the full policy limit. I doubt the full limit will be paid without attorney representation, though.

    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.


  9. It appears that you have suffered very serious injuries. I would demand full policy limits. The insurance company may refuse to pay, at which point you will need to decide whether or not to hire an attorney.


  10. The value of your case may potentially exceed your $100,000 limit. Therefore, depending on the way the accident happened, it would be prudent to investigate other avenues of recovery such as safety feature failures in your vehicle (i.e. airbag failing to deploy) or road design defects.

    Were there other drivers who may at fault? Obstructions to the other driver's line of sight that were created by a third party?

    Was the other driver on medication or should he have been reported by his own doctor to the DMV for a condition that renders him ineligible to drive? If so and the doctor did not report him, then the doctor may have some liability.

    Just a few random thoughts. When a client comes to me with serious injuries such as yours, I explore all potential avenues of recovery.

    I wish you the best.

    Lowell Steiger


  11. Based on the facts of your case it definitely seems that you have a case to be paid the full policy limits in your case. It will be important to take a look at all the details of your case in order to ensure that you get the policy limits. Also, you may be able to ask the defendant for contributions as well.

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