Legal Question in Personal Injury in California

hi,

i got into a motor accident where the other driver was at total fault but he doesn't have liability insurance. my insurance company told me that they would only pay $ 3,500 only as a part of uninsured motorist coverage. my policy doesn't explicitly say that. they couldn't send me a copy of it either to back that claim. Kelly's blue book values my car at around 9K. what are my options? thanx.


Asked on 2/21/11, 10:26 am

2 Answers from Attorneys

Steven Simons Law Office of Steven A. Simons

The first thing that you should do is look at your insurance declarations page. That is the statement that comes with your bill every month/6-months etc. On that declarations page it should show the limits of coverage. If you have uninsured motorist coverage in the amount of $3.5k then the amoutn offered by your carrier might be correct. If not then there may be some help available. For example, you may be able to file a complaint with the depatment of insurance. Or see an attorney there may be a claim against the carrier depending on the policy language.

Good Luck,

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Answered on 2/21/11, 10:52 am
Tony Carballo Carballo Law Offices

The maximum coverage for uninsured motorist property damage is $3,500 and that amount is usually listed in your policy declaration (which had to have been sent to you when you took out your policy and upon renewal of the policy). You may sue the uninsured driver in Small Claims Court for the balance but that is all your insurance company is required to pay if you did not have collision coverage for the vehicle.

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Answered on 2/21/11, 4:16 pm


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