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

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.

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Attorney answers 9

Posted

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 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

Posted

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.

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

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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 !!

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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 Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

Posted

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. I am licensed in California, only. Answers must not be relied upon. Legal advice and counsel 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 and counsel 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 or counsel in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for advice and counsel. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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

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Getting your own attorney is the best move.

Christian K. Lassen II

Christian K. Lassen II

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true

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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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