Los Angeles, CA asked in Car Accidents for California

Q: Why would my accident attorney request my insurance provider information if the accident was caused by the other driver?

I was rear ended which resulted in me getting two (2) epidural injections

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4 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: THAT IS A COMMON QUESTION.

IF YOU DON'T HAVE INSURANCE YOURSELF YOU WILL BE LIMITED ON WHAT YOU CAN COLLECT.

IN ADDITION, IF THE OTHER PARTY HAS A $15K POLICY, BUT YOU HAVE A $500,000 POLICY AND YOU ARE BADLY INJURED, YOU CAN ACCEPT THE $15K AND GO AFTER YOUR OWN INS CO UNDER THE UNDERINSURED MOTORIST PROVISION FOR UP TO THE LIMITS OF YOUR POLICY LESS WHAT YOU GET FROM THE DEFENDANT..

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: Ask him. He is being paid to answer your questions.

Edward A. Smith
Edward A. Smith
PREMIUM
Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: Your attorney will first sue the other driver, but in most cases, the recovery will be limited by the amount of the other driver's liability limits. If the other driver has a 15/30K policy for example, and if your injury is worth more than 15K, you can collect 15K from that third party and the remainder up to policy limits from your own underinsured motorist insurance if you have it. So if you have a 100/300 Underinsured Motorist policy you can collect another 85K (100K your UIM insurance less the 15K you already collected from other drivers insurance).

Gregory J. Brod
Gregory J. Brod
PREMIUM
Answered
  • Personal Injury Lawyer
  • San Francisco, CA
  • Licensed in California

A: There are several reasons. First, in California, a driver is required to have insurance in order to be able to recover certain damages, even if an auto accident is the fault of another person. Second, the responsible driver could have no insurance, or a limited amount of insurance. In this case, one's own uninsured or underinsured motorist provision in the auto policy could be a source of recovery for damages. Good luck and hopefully you will have a speedy recovery from your injuries.

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