In an accident which you are not at-fault, can you file a claim for bodily injury to your own carrier then have them collect from the at-fault driver's carrier? Would this be possible at all? Please help clarify CA attorneys!!
Adrienne Patricia AllenPersonal Injury LawyerGrass Valley, CA ·
For injuries, you must file your claim against the at-fault party's insurance company. If they don't have insurance, you can file your claim with your own insurance carrier under your own uninsured motorist coverage if you have it. Property damage (to your vehicle is different.) If you have the appropriate coverage, you can go though either carrier but if you go through yur own carrier you will have deductible to pay. It sounds like maybe you need to hire an attorney to assist you. Good luck.
Yes, depending on your coverage. Generally, you will have to pay any deductible, until your insurance can collect against the negligent driver. However, it is often much better to go through the negligent party's insurance. I would recommend consulting with a personal injury attorney to assist you with your claim.
Only if the other person is uninsured, or if you collect full amount of their policy and it's not enough to cover your damages, then you can possibly make an underinsured motorist claim. Your ins co isnt interested in helping you collect your damages. Consult with a lawyer.
Thanks to the cunning and mathematically capitalistic minds who run auto insurance companies, a person "buys" basic insurance to cover other people who get hurt. To cover one's self for getting hurt, a person must also buy uninsured motorist insurance (UIM). The UIM policy can provide insurance coverage for inuries to the insured should the other driver not have coverage or have insufficuent (under insured) coverage.
- Paul
Paul J. Molinaro, M.D., J.D.
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Generally, the procedure is to first attempt to go after the at-fault's insurance policy. Then, two things may possibly happen. One, the at-fault party does not have insurance, at which time you file a claim under your uninsurred motorist policy, assuming you have one with your own insurance company. Two, the at-fault party's insurance company settles with you for the entire policy amount, which would happen if the damages warrant it, at which point you file a claim with your own insurance company, again assuming that you have uninsurred motorist coverage.
The practical answer is no. There are some first party insurance coverages that might apply, but in the end you should consult an attorney about making a claim against the other party, and then determine your full scope of rights.