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

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. Best answer

    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
    ROSENTHAL LAW
    2251 Douglas Blvd., Ste. 120
    Roseville, CA 95661
    Phone: (916)774-7200
    Fax: (916)774-7203
    sdr@drinjurylaw.com
    www.rosenthalinjurylaw.com


  2. 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. 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 general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


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

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  5. 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.

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  6. 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.
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  7. 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. 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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