Being a policyholder does not eliminate disputes
Your own automobile insurer may investigate and disagree with an uninsured or underinsured motorist injury claim. A familiar company name does not remove questions about coverage, responsibility, medical causation or the amount payable. In this video, attorney Norman Gregory Fernandez explains why injured policyholders should understand the claim they are presenting. A disagreement is not, by itself, proof that an insurer acted improperly.
Identify the coverage before assuming payment
Uninsured and underinsured motorist coverage address different situations and are subject to policy terms and California law. Obtain the policy, declarations and relevant correspondence. Identify the policies that may apply and tell your attorney about any payment or proposed release involving another driver. Do not assume that a coverage limit is an automatic payment or that limits from different policies can simply be added together.
Prepare proof of the collision and injury
Preserve photographs, witness information, reports and available video. Keep treatment records, bills and documentation of work missed. The insurer may examine whether the crash caused the claimed injuries and whether the losses are supported. Provide accurate information and explain gaps or uncertainties honestly. Avoid turning a disagreement about treatment into a reason to change a medical history or obtain unnecessary care.
Read requests and deadlines carefully
Save claim letters with the dates received. Insurance policies and applicable law may impose notice, cooperation or other requirements. Ask counsel how they apply before ignoring a request, giving a broad authorization or resolving another part of the claim. A telephone negotiation should not be treated as an extension of a legal deadline. Keep copies of what was provided and the response received.
Evaluate the dispute with the complete file
A lawyer can review the available coverage, evidence and disagreement before recommending a next step. Bring the policy and both insurers’ correspondence, including any proposed settlement papers. The goal is to identify what is actually disputed and what evidence addresses it. This is more useful than assuming either that your own company must accept your valuation or that every unfavorable position is unlawful.
General information, not legal advice. Viewing this article does not create an attorney-client relationship. Outcomes and applicable requirements depend on the facts.
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