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auto underinsurance statute

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S

smoothie

Guest
dear pal,
I have a question on underinsurance claim. I live in California and I had an auto accident.
defendant's insurance tendered policy limit offer. I have submitted medical reports and expenses to my own insurance for underinsurance claim, CA. one year statute is coming up in 2 weeks. My question is: my insurance company already said they do not intend to subrogate against defendant for whatever they will pay on the underinsurance claim. DO I NEED TO DO ANYTHING I.E., FILE ANY REQUEST FOR ARBITRATION, OR ACTION AGAINST DEFENDANT ETC. TO PROTECT THE ONE YEAR STATUTE. OR IS THE ONE YEAR UNIMPORTANT ANYMORE?
Thanks for your input.
 


I AM ALWAYS LIABLE

Senior Member
smoothie said:
dear pal,
I have a question on underinsurance claim. I live in California and I had an auto accident.
defendant's insurance tendered policy limit offer. I have submitted medical reports and expenses to my own insurance for underinsurance claim, CA. one year statute is coming up in 2 weeks. My question is: my insurance company already said they do not intend to subrogate against defendant for whatever they will pay on the underinsurance claim. DO I NEED TO DO ANYTHING I.E., FILE ANY REQUEST FOR ARBITRATION, OR ACTION AGAINST DEFENDANT ETC. TO PROTECT THE ONE YEAR STATUTE. OR IS THE ONE YEAR UNIMPORTANT ANYMORE?
Thanks for your input.
My response:

In California, you must always protect the Statute of Limitations - - no matter what.

Therefore, you must do one of two things - -

1. Write a letter to your insurance company, Certified Return Receipt, to "demand" an Underinsured Motorist Arbitration pursuant to the terms and conditions of your policy. **

Or,

2. File a lawsuit against the defendant. But, if you've already signed a Release of All Claims, then that's out. See #1 above.


Yes, yes. I heard you. Here's a sample Demand letter - -

..............................
.............................. (name and address of
.............................. uninsured motorist carrier)
..............................


RE: Insured: ..................... (name of insured)
Claimant: .................... (names of all claimants)
Policy No.: ..................
Date of Accident: ............

Dear ......:
We represent ............, who sustained personal injuries arising out of an automobile on the above date of accident.
Please consider this letter our demand for arbitration under the Uninsured / Underinsured Motorist provisions of the above policy issued by your company.
(If applicable): Your policy refers to mutual appointment of a single neutral arbitrator. We have therefore enclosed a list of persons who would be acceptable to us. If you are unable to select an arbitrator from this list, please submit to us a list of suitable person who would be acceptable to you. If we cannot agree on an arbitrator within 30 days, we will, at that time, petition the court for appointment of a single neutral arbitrator.


Sincerely,

/s/

Certified Mail
Return Receipt Requested


** If your uninsured / underinsured limits are equal to, or below, the limits of the other driver, you cannot make an Underinsured Motorist Demand for Arbitration. Your limits MUST be greater than the liability limits of the other driver.

IAAL
 
Last edited:
S

smoothie

Guest
Thank you to I am always liable

thank you for your input "always liable", I think you should be called, "I am always reliable"!
may God keep you safe
pal;)
 

I AM ALWAYS LIABLE

Senior Member
Re: Thank you to I am always liable

smoothie said:
may God keep you safe
pal;)
My response:

Thank you very much.

And, may Buddah run next to your car while driving and run interference for you to keep you safe !

Remember to chant tonight.

IAAL
 

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