I need to prove to my insurance company that the other (uninsured) driver who hit me had no insurance coverage. This means 1) that the driver was not covered under a personal/household liability insurance policy, and 2) if the car was owned by ano...
The SR-19 may show that both the owner and driver were uninsured. However, it is important that the SR-1 form be filled out properly and clearly identify both the driver and owner.
My recent experiences with most insurers is that they will admit the uninsured status of the at-fault vehicle/driver, unless there is very good cause to suspect coverage.
I hope this is helpful
In California, if you've been in an accident where you've been hit by another driver and are not at-fault, and file a claim with your insurance company (such as either a collision claim or an Uninsured Motorist Property Damage claim after being hi...
Legally, under Prop 103, an insurer cannot raise your rates for a non-at-fault accident!
Insurers must "rate" you based on 1. Your driving record, 2. Your miles driven, and 3. Number of years of driving experience.
Some insurers try to "creatively" avoid these criteria by giving you numerous "discounts" (like a no accident discount). Then, when you are in an accident, the insurer takes away the discount!
My advice is to still report any significant claim to the insurer. Consider that the insurer will take away your discount if it finds out about the accident, whether or not you have made the claim!
I hope this was helpful!
I was driving on a two lane road where the two lanes were separated by a third median lane with double yellow lines on both side, as it is used strictly to turn into passing neighborhoods. After (the person who eventually hit me) tailgated me and ...
This is typical insurance company behavior.
Unfortunately, it is time for you to lawyer-up and file suit. It will give YOU the advantage and you will be coming from a position of strength!
I was not at fault and was hit by a driver with no insurance. There was no police report filed. Does California Insurance Code §11580.2(b) require that a police report have been filed within 24 hours of the accident in order to file an Uninsured M...
The answer is "no"---no police report is required. In fact, in Los Angeles, the LAPD will probably NOT take a report unless it is either a "hit and run" or there are serious injuries.
You DO have some responsibilities that have not yet been mentioned in other answers.
1. Immediately file a DMV SR-1 form (do not skip this step!);
2. Notify your insurer immediately and provide all the accident details;
3. Ask your insurer to provide you an answer in writing whether it accepts your claim as Uninsured Motorist;
4. If you do not receive that written assurance in 45 days, you request a DMV-SR-19 Form from the DMV. If that form comes back stating that there was no liability insurance in place for the defendant, that acts as conclusive proof of uninsured motorist!
5. Finally----and I am a big preacher of this--- when you make your request for settlement, it should be accompanied by an unequivocal Demand for UM Arbitration.
Good luck with your claim---I hope this was helpful.
I was rear-ended in Los Angeles and suffered serious back injuries. I have been out of work for more than a year because of those injuries. The primary at-fault driver was two cars behind me, but he did not have insurance. He hit the car direct...
This circumstance happens more than you might think.
First of all, the burden is on YOU to establish 1) that the 3rd car was at fault, and 2) that the 3rd car was uninsured. This is not always easy. You should have an experienced uninsured motorist attorney.
Second, it is unlikely that the 2nd car has any responsibility as you described it (but, better be certain!).
Third, you need to properly (and timely) notify your insurer of the loss and cooperate in an investigation. It is my hope that you also timely filed a DMV-SR 1 form which may help establish the uninsured status of the 3rd car.
I hope also that this answer was helpful!
I was involved in a hit and run accident. I filed a Police Report within 2hrs of the accident. I have $1000 deductable insurance policy but I carry Liability, Colission and Uninsured Motorist. When I filed my claim I said I wanted to use the U/M p...
This is a common misunderstanding in Uninsured Motorist Law.
Look at your policy. You may have a UM PD Deductible waiver. If you do---Great!
If you do not. You have to probably 1. eat it; or 2. (what I recommend to my clients) maximize your bodily injury recovery by doing everything possible to accurately document your claim and obtain appropriate medical care for your injuries. An experienced attorney is your best bet for navigating this!
Best of luck!
My parents were in an accident here in California with a young mid 20's girl. It was her fault, as she pulled a left turn thinking it was an green arrow. Her insurance was unpaid for and was canceled 2 days before the accident, then paid for 2 day...
I am sorry for your predicament. In California, we see a lot of Uninsured Motorists!
Your only viable option is suing the at-fault driver in small claims court.
Make sure you check your parents policy to see if they are covered for collision damages or medical payments coverage.
I would not put much stock in the insurer's suggestion that it "may" pay something----but, don't push them!
A person rear ended me on the freeway. I blacked out, and was taken to the hospital by ambulance, given CT scans. I have a concussion and bad pain. The person took off, and got away. I have $250,000 of uninsured driver medical coverage through...
This is a great question!
Your Uninsured Motorist will apply to this hit and run. You must have a police report and notify your insurer immediately. And, Yes----the $250,000 policy is the limit of what State farm would pay regardless of the amount of your bills, disability and pain and suffering.
As for the medical expenses themselves, that is a more complex topic. The amount billed is rarely the amount paid. Further, it usually goes in this order---1) health insurance; 2) medical payments insurance under your State Farm Policy; and 3) lien or cash payment. In most of the scenarios, you will owe the payor of the bills "reimbursement" from your settlement. However, there are policy nuances that may exclude Uninsured Motorist. If you do have to reimburse, an experienced trial attorney can get those amounts reduced considerably. (Makes it worth it for that reason alone to hire a lawyer!)
As for a lien or cash pay-----everything is negotiable. Again, an experienced trial attorney is you very best bet in negotiating the bills.
I wish you the very best of luck and a prompt recovery!
I was rear-ended by an individual (lets call him John) who claimed someone rear-ended him, which caused John to rear-end me. John stated that the "third party" who rear-ended him took off, so we were unable to get their information. I obtained the...
Wow! Complex and aggravating.
Assuming there was a phantom vehicle, then the insurer is telling you the truth, you must go through your own Uninsured Motorist Coverage and collision coverage. However, you said you have liability only? If so, forget that. Your option is to call the driver that hit you a liar-----and prove it! If you can do that, then you will have a claim against that driver and his insurer.
Witnesses are key. You have to be absolutely certain that he was not hit and that there is no corresponding property damage to his rear. One would expect that his rear end damage would be equal to or worse than the damage to your rear end.
I would consult with an experienced car accident attorney ASAP!
If I received an insurance settlement from a car accident I was in for the insurance company totaling out my car (and then letting me keep it as a salvage and I could fix on my own), is the money I received counted towards income when calculating ...
This is a really tough question!
Usually, PI settlements are not taxable because it is not "income." Meaning it is compensating YOU for YOUR personal injuries incurred in the past. However, child support and family law standards may be different because it may involve liquid assets on hand or available to you.
My BEST recommendation is to speak with a certified family law specialist.