Legal Question in Personal Injury in California

Insurance company Re; auto accident

I am still treating injuries sustained in an auto accident.

I am up against a statute of limitations.

I will be filing a lawsuit to protect my right to recover.

At this point, I do not know the various liability limits of the owner of the vehicle, or the person who was driving.

However, I had uninsured AND underinsured coverage on my policy.

In case I have to utilize my coverage, do mI ned to alert my insurance company at the time I file suit, or when?

Do I need a judgement to collect on that underinsured coverage?

Would my coverage include pain & suffering?

Asked on 8/14/08, 4:18 pm

Experienced Personal Injury Attorneys

The Law Offices of Eslamboly & Barlavi has over 20 years of experience helping victims of automobile, motorcycle, pedestrian, slip-and-fall accidents and much more all over California. We can help you recover for your pain and suffering and other losses and expenses. No recovery No fee. Visit our website or call us for a free consultation about your case at 1-800-LAW-TALK.

Find Experienced Personal Injury Attorneys

4 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen
0 users found helpful
0 attorneys agreed

Re: Insurance company Re; auto accident

If you have a statute of limitation issue, it's nearly 2 years since the accident. I hope you notified your own carrier early on about the accident. If not, do so now. You will be able to send form interrogatories to the defendant to find out about insurance and policy limits, if any, and the identity of the driver. If you're in northern California, please let me know if I may be of assistance.

Read more
8/15/08, 3:23 pm
Arkady Itkin Law Office of Arkady Itkin
0 users found helpful
0 attorneys agreed

Re: Insurance company Re; auto accident

Hello, I am a personal injury attorney in Northern California. If you would like to discuss your issues, feel free to contact me at arkady_law@earthlink.net

Thanks,

Read more
8/15/08, 3:30 pm
Edward Hoffman Law Offices of Edward A. Hoffman
0 users found helpful
0 attorneys agreed

Re: Insurance company Re; auto accident

You were supposed to tell your insurer about the accident soon after it happened. It may now deny your claims due to the delay, especially if it can no longer evaluate your initial condition. It might also cancel your policy if it thinks you concealed the accident in order to keep your premiums from increasing.

Assuming you can collect on your policy, the coverage likely does not include pain and suffering. The other driver would be liable for these items (unless you were driving without liability insurance at the time), but your insurance will not cover the other driver's liability for them.

Read more
8/15/08, 3:44 pm
Daniel King Law Offices of Daniel King
0 users found helpful
0 attorneys agreed

Re: Insurance company Re; auto accident

Your delay in informing your carrier may hurt you, (as Mr. Hoffman suggested), so you should notify the carrier right away.

Also, there are certain things you need to do in order to establish whether or not the UM or UIM portions of your policy apply.

Don't delay in filing suit, but if your injuries were at all significant, I would highly recommend that you handle this through an experienced attorney.

Read more
8/15/08, 7:26 pm

Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California

Looking for something else?

Get Free Legal Advice

8784 active attorneys ready to answer your legal questions today.

Personal Injury Law and Tort Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now