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What documents do you have to have to proceed with an uninsured motorist claim against someone? Person doesn't have insurance

Glendora, CA |

Insurance companies are so picky about things and I want to make sure I have all of my ducks in a row. I filed an accident report with the DMV, I filed a police report, do I have to have an uninsured motorist certificate also? Will the case fail without this? This is most likely a small claims case as there was not a great deal of damage. In fact, If I get an adequate settlement in a reasonable time from my insurance company, I may just let them deal with it.

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Attorney answers 6

Posted

First of all, your carrier ought to be helping you through all of this as they have duties to you as a contracting insured. Talk to the claims adjuster to make sure you are in compliance will all conditions needed to assert a claim.

You also ought to talk to an attorney about your situation to make sure you are doing it all right!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Posted

I am sorry to hear that your insurance company is making this UM claim so difficult for you. I would absolutely recommend speaking with an attorney. Your insurance company should not be making you jump through so many hoops to get the ball rolling. An attorney can guide your through the steps and make sure that they treat you fairly. I would also recommend that you change your insurance after this is all over.

I wish you well.

Asker

Posted

Insurance companies all suck from what I can tell. But yes, thanks.

Posted

People think that they can just collect the money from their UM. The reality is that when you make a UM claim, your insurance company is no longer your friend. A personal injury lawyer should be retained to battle with the insurance company.

Asker

Posted

Your insurance company is NEVER your friend.

Posted

I agree with the responding counsel with regards to your matter. You should contact your insurance claims adjuster to confirm that they have all the information they need to help you. Best of luck.

Posted

Uninsured claims require a procedure spelled out under the terms of an insurance policy and also state law. There was a movie titled "Paper Chase" and UM claims require a perfect storm of paper. DO NOT MINIMIZE YOUR OWN CASE WITH STATEMENTS LIKE "SMALL CLAIMS" OR "NOT A LOT OF DAMAGE". Retain a CA attorney who has been through the process before. Here's why: [Click Blue Link Below]

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

Asker

Posted

I did see the film Paper Chase and its ensuing tv series on reruns. I was too young to understand it but like it anyway. It was basically about school.

Posted

You should obtain an uninsured motorist certificate by filing form SR-17. Getting the proper documents and proof in order is your burden not your insurance carriers - you are now in an adversarial setting with your own insurance. Please retain an attorney.

Asker

Posted

So does this claim fail without the Uninsured Motorist Certificate? Please let me know! At least I can make it easier on an attorney if I have everything all organized.

Richard Andrew Harting

Richard Andrew Harting

Posted

You need to prove the uninsured status and this is the easiest way. If you are going to hire an attorney they will perform this work - and note the atty fee is the same whether you do it or the atty does it. Also an Uninsured Motorist claim does not and cannot proceed through small claims. It must be handled through arbitration as set forth in your policy. You cannot sue the UM in small claims either or you will destroy your UM claim.

Asker

Posted

UM goes through arbitration with the motorist or with my insurance company? I guess after they pay out, then they go after the motorist. What would happen if he were able to prove no liability? I know I have a lot of questions, sorry.

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