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

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

Posted

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.

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Posted

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 may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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Posted

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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

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

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Posted

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

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Posted

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.

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Posted

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.

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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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Posted

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.

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