Can you file a bodily injury claim to your own carrier?

Asked over 1 year ago - Sunnyvale, CA

In an accident which you are not at-fault, can you file a claim for bodily injury to your own carrier then have them collect from the at-fault driver's carrier? Would this be possible at all? Please help clarify CA attorneys!!

Attorney answers (15)

  1. Steven Mark Sweat

    Contributor Level 19

    23

    Lawyers agree

    Answered . Not unless they at fault driver is uninsured and you have uninsured motorist coverage.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  2. Adrienne Patricia Allen

    Contributor Level 15

    20

    Lawyers agree

    Answered . For injuries, you must file your claim against the at-fault party's insurance company. If they don't have insurance, you can file your claim with your own insurance carrier under your own uninsured motorist coverage if you have it. Property damage (to your vehicle is different.) If you have the appropriate coverage, you can go though either carrier but if you go through yur own carrier you will have deductible to pay. It sounds like maybe you need to hire an attorney to assist you. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  3. Robert Bruce Kopelson

    Contributor Level 20

    16

    Lawyers agree

    Answered . Only if the other person is uninsured, or if you collect full amount of their policy and it's not enough to cover your damages, then you can possibly make an underinsured motorist claim. Your ins co isnt interested in helping you collect your damages. Consult with a lawyer.

  4. Paul J Molinaro

    Pro

    Contributor Level 17

    14

    Lawyers agree

    Answered . Thanks to the cunning and mathematically capitalistic minds who run auto insurance companies, a person "buys" basic insurance to cover other people who get hurt. To cover one's self for getting hurt, a person must also buy uninsured motorist insurance (UIM). The UIM policy can provide insurance coverage for inuries to the insured should the other driver not have coverage or have insufficuent (under insured) coverage.

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    Paul J. Molinaro, M.D., J.D.
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  5. Robert Max Klein

    Pro

    Contributor Level 15

    13

    Lawyers agree

    Answered . As you see, CA is considered an at fault state rather than a no fault state. So unless it is an uninsured motorist claim, the answer is no.

  6. Matthew Rabban

    Contributor Level 5

    13

    Lawyers agree

    Answered . Generally, the procedure is to first attempt to go after the at-fault's insurance policy. Then, two things may possibly happen. One, the at-fault party does not have insurance, at which time you file a claim under your uninsurred motorist policy, assuming you have one with your own insurance company. Two, the at-fault party's insurance company settles with you for the entire policy amount, which would happen if the damages warrant it, at which point you file a claim with your own insurance company, again assuming that you have uninsurred motorist coverage.

  7. Sagi Shaked

    Pro

    Contributor Level 13

    12

    Lawyers agree

    Answered . No.

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . If they don't have insurance, a personal injury lawyer would go after your UM coverage on your own policy.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  9. Sean Michael Patrick

    Contributor Level 16

    10

    Lawyers agree

    Answered . Yes, depending on your coverage. Generally, you will have to pay any deductible, until your insurance can collect against the negligent driver. However, it is often much better to go through the negligent party's insurance. I would recommend consulting with a personal injury attorney to assist you with your claim.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  10. Bradford Charles Brereton

    Pro

    Contributor Level 12

    7

    Lawyers agree

    Answered . The practical answer is no. There are some first party insurance coverages that might apply, but in the end you should consult an attorney about making a claim against the other party, and then determine your full scope of rights.

    In all cases it is advisable to consult an experienced attorney. Nothing stated herein is intended as legal advice... more
  11. Madanmohan Singh Ahluwalia

    Contributor Level 12

    7

    Lawyers agree

    Answered . Only if the other party is uninsured and you have uninsured motorist coverage.

    You must contact a local immigration attorney or obtain telephonic consultation from an immigration attorney to... more
  12. Larry Van Roberts

    Pro

    Contributor Level 11

    6

    Lawyers agree

    Answered . I'm not licensed in California but seems the answer to your question depends on whether California has a "direct action" statute that allows you to sue your insurance company. If not, you may be permitted to sue only the negligent driver but serve your insurance company with a copy of the lawsuit in case the negligent driver is uninsured or underinsured. Whatever you do, contact a personal injury attorney in your local area.

    This response is given solely as a general response to the question and does not create an attorney / client... more
  13. Renee Przybylski

    Contributor Level 2

    4

    Lawyers agree

    Answered . Yes you can but it depends on the circumstances. If the person who caused the accident has insurance then you have to file with them first. If there isn't enough insurance to cover your injuries, medical bills, pain and suffering, wage loss, etc., then after you collect ALL of the at-fault person's available insurance, you can then file with your own carrier IF you have uninsured/underinsured motorist coverage which is MORE than the coverage of the person who caused the accident. If the person who caused the accident has NO insurance you can file with your own insurance IF you have uninsured motorist coverage. It can get a little complicated and you may want to contact an attorney for help in either of these situations.

  14. Robert Andrew Michael Burns

    Contributor Level 17

    3

    Lawyers agree

    Answered . You should make your claim to each person whom you contend was at fault in causing your bodily injury. This can be done by making the claim to the person's insurance carrier where applicable and known. Where there is not adequate insurance on the part of any such person and you have uninsured/underinsured motorist coverage in an higher amount, you'll need to make claim to your carrier too. Usually, this isn't confusing but sometimes it is.

  15. Michael R Crosner

    Contributor Level 20

    2

    Lawyers agree

    Answered . Not in California. However, if the other driver is uninsured or is a hit & run driver who makes physical contact with your vehicle you can file an uninsured motorist claim with your own carrier. This is assuming that you in fact carry uninsured motorist coverage. - which in my opinion you should always carry. There are legal interpretations of what constitutes "physical contact", so if you are involved an accident with a hit & run driver it would be highly advisable to seek the representation of a personal injury attorney.

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