Uninsured Motorist Insurance and Arbitration

Uninsured Motorist Insurance and Arbitration

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Filing an insurance claim in the case of an accident helps one get compensated for damages or losses. For example, if you get involved and injured in a car accident in California, you can file a personal injury claim. The claim is often against the insurer or insurance company representing the other party at fault. However, there are situations where the other party has no insurance coverage.

 

In case an uninsured motorist causes an accident, the party injured can file their claim with their insurance company. It is possible if they have uninsured motorist coverage.

 

 

Importance of Uninsured Motorist Insurance 

 

 

An uninsured motorist insurance is beneficial to the injured party. It covers the damages when an uninsured driver who is at fault hits your vehicle. The uninsured motorist coverage is optional. It comes in handy if you find yourself in a situation where you get into an accident with a driver who is not insured.

 

 

Lack of Insurance 

 

 

An uninsured motorist claim in California can be considered when you verify that the other party has no insurance to cover your damages or injuries. The party at fault can also admit that they are not insured.

 

You can use the Department of Motor Vehicles for California to prove that the party at fault has no insurance if they do not cooperate. You will have to send a form 1A and SR19. An investigation to determine whether the other party has insurance will happen, and you will be notified. 

 

The other driver will likely have to cooperate or liaise with the Department of Motor Vehicles as they will lose their license if they cannot prove they have insurance coverage.

 

 

How to Submit a Request 

 

 

You can notify your insurer and demand an uninsured motorist settlement after establishing that the party at fault has no insurance. Submit your property damage and medical bill to your insurance company. It is essential to note that there is no applicable workers’ compensation for this kind of claim.

 

 

Your insurer will either settle or agree to partake in the arbitration. You can resolve the dispute easier through arbitration with your insurer.

 

 

Your Rights

 

 

It is your right to demand compensation for the damages you incur from an uninsured motorist. Settle for arbitration if you do not get a settlement for your case within a year.

 

 

Arbitration 

 

 

Insurance companies have a duty towards their insured clients for uninsured motorist claims. But sometimes, this may not be the case. The claim can get to arbitration if the insurance company does not agree with the insured on a settlement sum. The arbitrator takes over and decides on a suitable award.

 

The two parties will present their case, providing their evidence to a neutral-party arbitrator who will decide the outcome of the dispute. The award must fit or be equal within the established low and high limits.

 

For more about uninsured motorist insurance and arbitration, visit the Law Offices of Daniel Weltin PC in San Leandro, California. Call (510) 319-1904 to book an appointment today.

 

https://www.adr.org/sites/default/files/Rules-for-Arbitration-of-Supplementary-Uninsured-Underinsured-Motorist.pdf

https://www.advocatemagazine.com/article/2020-november/uninsured-and-underinsured-motorist-arbitrations

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