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!!
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.
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.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
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.
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'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.
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.
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.
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.
Get free answers from experienced attorneys.
24,451 answers this week
2,672 attorneys answering
Get answers from top-rated lawyers.
24,451 answers this week
2,672 attorneys answering