In an Uninsured Motorist Claim, if my passenger is not insured under the policy, must she also submit to binding arbitration?

Asked 12 months ago - Los Angeles, CA

This is a UM auto injury claim where each of our damages exceed my policy limits. I am making a UM arbitration demand and am unsure if to include the passenger, or prepare a separate policy limit demand for her. She is not listed as an insured under the policy.

Attorney answers (9)

  1. Avedis Nalbandian

    Contributor Level 10

    15

    Lawyers agree

    Answered . Consult with a local attorney for a free consultation. He or she will answer all your questions and get you better compensation than you would get on your own. Good Luck !!

  2. Michael Raymond Daymude

    Pro

    Contributor Level 20

    14

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    Answered . Unless you are an attorney, you cannot represent your passenger. If you are an attorney, you have a conflict of interest and you should not represent your passenger without a written conflict waiver. Even with a written conflict waiver, most attorneys would advise against representing yourself and your passenger.

    Your rights under your UM coverage are different and distinct from those of your passenger under any available medical payments or liability coverage since your passenger is not a named insured. Your passenger may have rights under her own UM coverage.

    Do not attempt to handle this matter yourself, as you will make a major misstep. Each of you should retain counsel. Each of you should have different counsel. Good luck.

    SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law.... more
  3. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    13

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    Answered . Let your friend get her own lawyer. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  4. Brian Thomas Dailey

    Contributor Level 11

    14

    Lawyers agree

    Answered . The form of the demand is irrelevant. What you need to be concerned with is making sure that you have knowledge of all the insurance policies that might provide coverage for you and your passenger. Also whatever you can get on your own it is unquestionable that a lawyer will get you more money. If you want to chat about this you should find a lawyer like the lawyers of the Dailey Law Firm who will not charge for the initial consultation.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . Get your own lawyer. Your friend can get a lawyer of her own.

  6. Michael Shemtoub

    Contributor Level 17

    12

    Lawyers agree

    Answered . You can create a combined demand for both yourself and the passenger. However, don't be surprised if your own insurance company turns on you. When they do, look into hiring an attorney who can adequately represent both parties. We all give free consultations.

    Direct Line to Attorney: 877-427-2752 or Email: Michael@Kingofpersonalinjurylaw.com; Website: www.KingofPi.com... more
  7. David Ian Schoen

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . You should each have your own attorney. Do not do this yourselves.

  8. Tatiana Kadetskaya

    Contributor Level 19

    12

    Lawyers agree

    Answered . Getting your own attorney is the best move.

  9. Zev Yoni Weinstein

    Contributor Level 2

    6

    Lawyers agree

    Answered . Without knowing more facts it is hard to answer your question exactly as there can be a wide variety of scenarios. However, your passenger has potential claims against the driver of the other vehicle and potentially against you if there is any comparative negligence. Your UM/UIM and Bodily Injury coverage may not be the same, and your passenger, depending on the facts may have a right to pursue claims under one, the other, or both. UM/UIM is a contractual benefit, and if there is an arbitration clause, and there is no UM/UIM settlement your insurance company should have the right to arbitrate the dispute.

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