California Law Firm Advocating for Clients Injured by Uninsured and Underinsured Motorists
Were you in a collision with an uninsured driver? You may be entitled to payment from your own insurance company.
California law requires insurers to offer uninsured and under-insured motorist coverage when you buy an automobile insurance policy. So unless you opted out of this coverage, you should have coverage available to you and your passengers to cover your injuries and property damage if you are involved in a collision with an uninsured driver. Uninsured motorist coverage can give you money where the at fault driver does not have insurance or does not have enough insurance.
If you have been injured by an uninsured driver, contact us and we can provide you with a free case evaluation today. We may be able to help you recover.
Your Insurer’s Duties:
When you make a claim for Uninsured or Underinsured coverage under your auto policy, your insurer has a duty to follow fair claim practices. When you make a claim your insurer must:
- Look for reasons to pay your claim
- Act promptly to investigate your claim
- Avoid unnecessary delay while processing your claim
- Promptly return phone calls or answer other queries about your claim
- Conduct a reasonable and fair investigation-it cannot be one sided
- Misrepresents facts related to your claim or provisions of your policy
We protect you from improper insurance tactics
Many Underinsured and Uninsured (UIM) claims adjusters forget that they are supposed to be on your side. They will try to low ball you, or look for reasons to deny your claim. That is against the law in California but you may need an experienced car accident attorney on your side. We know how to keep them honest and to get your claim paid.
Under California law,“An insurance company has a duty to diligently search for evidence which supports its insured’s claim. If it seeks to discover only the evidence that defeats the claim it holds its own interest above that of the insured.” (Mariscal v. Old Republic Life Ins. Co. (1996) 42 Cal.App.4th 1617, 1620.) “An insurer must give at least as much consideration to the interests of the insured as it gives to its own interests…an insurer cannot reasonably and in good faith deny payments to its insured without fully investigating the grounds for its denial. ” (Frommoethelydo v. Fire Insurance Exchange (1986) 42 Cal.3d 208, 214–215.)