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

Asked about 2 years ago - 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. Jeffrey Michael Padilla

    Pro

    Contributor Level 13

    25

    Lawyers agree

    Answered . 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... more
  2. Jeffrey Mark Adams

    Contributor Level 20

    26

    Lawyers agree

    Answered . 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... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    26

    Lawyers agree

    Answered . 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. Cory Russell Weck

    Contributor Level 11

    24

    Lawyers agree

    Answered . 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. John A Nojima

    Pro

    Contributor Level 9

    22

    Lawyers agree

    Answered . 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

  6. David J. McCormick

    Contributor Level 20

    21

    Lawyers agree

    Answered . 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... more
  7. Michael Ryan Juarez

    Contributor Level 16

    19

    Lawyers agree

    Answered . 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.... more
  8. Steven Mark Sweat

    Pro

    Contributor Level 19

    19

    Lawyers agree

    Answered . 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... more
  9. Lowell Hale Steiger

    Pro

    Contributor Level 12

    18

    Lawyers agree

    Answered . 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

  10. Michael Shemtoub

    Contributor Level 17

    15

    Lawyers agree

    Answered . 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.

  11. Kevin Coluccio

    Contributor Level 20

    16

    Lawyers agree

    Answered . 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.

Related Topics

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Personal injury lawsuits

Personal injury lawsuits allow an injured person to seek compensation for the injury, either by court decision or through a settlement.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,250 answers this week

3,088 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,250 answers this week

3,088 attorneys answering