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

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4 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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.

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Answered on 8/15/08, 3:23 pm

Arkady Itkin Law Office of Arkady Itkin

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 [email protected]


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Answered on 8/15/08, 3:30 pm
Edward Hoffman Law Offices of Edward A. Hoffman

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.

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Answered on 8/15/08, 3:44 pm
Daniel King Law Offices of Daniel King

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.

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Answered on 8/15/08, 7:26 pm

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