This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Motorist Uninsured Accident For Bodily Injury In San Jose
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State:
Multi-State
City:
San Jose
Control #:
US-000279
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FAQ
California law requires that insurance companies offer uninsured motorist coverage. If you are in an accident with an uninsured driver, you can file a claim under your own policy's uninsured motorist coverage if you have it. You can also sue the uninsured driver for your damages.
California law requires that insurance companies offer uninsured motorist coverage. If you are in an accident with an uninsured driver, you can file a claim under your own policy's uninsured motorist coverage if you have it. You can also sue the uninsured driver for your damages.
However, under California's proposition 103, insurance companies are not allowed to raise rates or drop a person because they made an uninsured motorist claim.
Policy limits: Uninsured motorist coverage comes with limits, just like other insurance coverages. Severe accidents might exceed these limits, leaving you with uncovered expenses. Claim disputes: There might be disputes over the extent of your coverage and the amount you can claim, leading to potential legal battles.
Cons of UM/UIM Coverage One of the notable drawbacks of opting for UM/UIM coverage is the accompanying increase in insurance premiums. While this may seem like a financial trade-off, the peace of mind and the level of financial protection it offers in the face of unforeseen events often justify the higher costs.
It may be better to file a claim with your own insurance company if you have uninsured motorist coverage. Unless the at-fault driver is stable financially or has well-off parents or guardians and can afford to cover your damages in full, you may want to avoid the unnecessary trouble of suing.
California law does not require you to carry uninsured motorist (UM) or underinsured motorist (UIM) coverage—so, legally, you don't need either one. However, UM/UIM is an important and commonsense coverage to carry.
Ing to the U.S. Department of Justice, personal injury lawsuit outcome statistics include a majority (90 to 95 percent) settled before trial. Out of the small percentage that end up seeing a courtroom, the data suggests that the success rate of personal injury cases is around half.
If you choose not to buy it, you must sign a form, called a waiver. The form says you were offered the coverage and turned it down. Uninsured motorist bodily injury (UMBI): This pays for injuries to you and any person in your car when there is an accident with an uninsured driver who is at fault.