I was in an accident with someone who had insurance at the time of the accident but when he disagreed with his insurance

Asked over 1 year ago - Orange, CA

about 2 years into the claim and after we filed suit he withdrew from the insurance and is now paying for his own defense. Apparently he signed off on defense and indemnity. Is this person now an uninsured motorist? At the very least he would be an underinsured motorist since I have some really good UM coverage and I'd like to tap into that. I tried reading the insurance code and it doesn't seem to address this anywhere. Is there some case I can read out there to educate myself a bit? I kind of dig reading up on stuff. Thanks!

Attorney answers (8)

  1. Steven Mark Sweat

    Contributor Level 19

    5

    Lawyers agree

    Answered . It sounds like you are in litigation and, hopefully, you have an attorney representing you. If this is the case, you should direct these questions to the lawyer.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  2. Sean Michael Patrick

    Contributor Level 16

    5

    Lawyers agree

    Answered . Likely not. The insurance coverage will likely still apply. If the value of your claim exceeds his policy limits then you may have a UIM claim. I would speak with a personal injury attorney to assist with your case. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  3. Daniel Nelson Deasy

    Contributor Level 20

    4

    Lawyers agree

    Answered . You need to talk with personal injury attorney right away to deal with the U coverage issues.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Have one of the above lawyers in your state investigate the coverage.

  5. Richard Andrew Harting

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Great question! I don't know the answer (never had this issue in 23 years) but I know how you should proceed. Have your lawyer contact your insurance carrier and initiate an uninsured motorist claim. They will promptly conduct a coverage investigation. Then have the UM claim and your third-party case consolidated. If one fails along the way the other will be in place.

  6. Christopher E. Russell

    Pro

    Contributor Level 5

    1

    Lawyer agrees

    Answered . Weird deal. Something is amiss here. Who in their right mind would pay inruance premiums for years upon years and then when it is time to pay out on a claim and to provide a legal defense the individual says "nevermind, I will pay for everything". If Bill Gates or Warren Buffet were not the ones who hit you, then there is something else that is going on and this may actually be an uninsured motorist claim. If you are not represented (which you should be), I would ask the defendant's carrier to put in writing why they are no longer involved in the claim. If they won't cooperate and the defendant is not forthcoming with more information, you have no choice but to file a lawsuit in order to be able to take the deposition of the defendant under oath and get down to the bottom of this unusual dilemma.

  7. Kevin Coluccio

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Talk with your attorney specifically about these important issues. Contact the lawyer and set up an appointment.

  8. Lars A. Lundeen

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . This appears to be a very unusual situation. There are a number of legal issues which your attorney will need to sort through. Do not attempt to do this on your own. You should obtain personal injury counsel to assist you.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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