Is it OK to tell the other party's insurance company (the person who caused the damage to me) that I have UM/UIM?

Asked over 2 years ago - San Jose, CA

Is it good to tell the other party's insurance company (the person who caused the damage to me, and the persons' auto insurance carrier) that I have uninsured motorist and underinsured motorist, since the other party's insurance company is not responsive to my claims?

Attorney answers (8)

  1. Michael Raymond Daymude

    Contributor Level 20


    Lawyers agree

    Answered . I hope you reported this matter to YOUR insurance company. If not, you need to do so promptly or you may not be covered. I don't know what you would accomplish by telling them this. If you want the other parties insurance company to be responsive to your claims -- get a lawyer.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. David Alan Wolf

    Contributor Level 13


    Lawyers agree

    Answered . I do not know what leverage you will get from informing the other insurance adjuster that you have UM coverage. You will better get the attention of the insurance carrier with representation by a personal injury attorney in your area. You must first get through the bodily injury coverage before you can seek benefits under the UM coverage. Good luck with your case.

  3. S. David Rosenthal Esquire


    Contributor Level 18


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . It shouldn't make a difference one way or another. If the other insurance company is not responding to your attempts to settle your claim, you are likely going to have ot file a lawsuit against the other driver. The value of your claim is based on the amount of medical expense, lost income and pain and suffering. Since the other party has liability insurance, the only possible invovlement of your insurance is after you settle for the r0esponsible party's liability policy limit. In that case, if your uninsured motorist policy limit is higher than the responsible party's liability policy limit, you have an "under-insured motorist" claim up to the difference between your policy limit and his.

    Call me if you would like to discuss.

    S. David Rosenthal
    2251 Douglas Blvd., Ste. 120
    Roseville, CA 95661
    Phone: (916)774-7200
    Fax: (916)774-7203

  4. John Gus Zgourides

    Contributor Level 17


    Lawyers agree

    Answered . I urge you to hire a local personal injury lawyer. Let those decisions be made by your lawyer.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  5. Christian K. Lassen II

    Contributor Level 20


    Lawyers agree

    Answered . Never speak to an insurance company directly. Retain a personal injury lawyer to handle this matter.

    The answer does not create an attorney-client relationship and is for informational purposes only.

    Only 29% fee deducted.

    Lassen Law Firm
    1515 Market St #1510
    Philadelphia, PA 19102

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755
  6. John Noah Kitta

    Contributor Level 19


    Lawyers agree

    Answered . Quite frankly, I don’t see why it’s any of their business; it certainly bears no relationship to the value of the claim. Their focus is not in the right direction.

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client... more
  7. Jeffrey Wayne Rickard


    Contributor Level 9


    Lawyers agree

    Answered . I would not tell the other carrier what your UM/UIM limits are. Has that carrier told you what its insured's policy limits are? I doubt it. Regardless of who the carrier is here you are not "in good hands." I am in San Jose if you want to talk. There are a lot of us PI attorneys. Find one you feel comfortable with and let that attorney help you.

  8. Farid Yaghoubtil

    Contributor Level 11


    Lawyers agree

    Answered . You really would not derive any benefit from notifying the insurance company of the existence of any uninsured motorist coverage. That is a separate matter that is generally handled between you and your insurance carrier after the matter has been resolved with the other party's insurance company.

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