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 Fault In Wayne
Category:
State:
Multi-State
County:
Wayne
Control #:
US-000279
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FAQ
If you damage someone else's vehicle during a significant collision, and you're at fault, you should always file a claim.
Subrogation is a legal concept where the insurance company steps into the shoes of the insured to recover the costs of the claim from the party at fault. If the at-fault party is uninsured, the insurer may pursue subrogation against the driver personally.
How To Write A Car Accident Witness Statement Include the Witness's Full Name and Contact Details. Detail the Who, What, When, and Where of the Accident. Share Your Perspective on How the Crash Occurred. Report Observations of Injuries and Property Damage. Include Other Relevant Information. Sign the Witness Statement.
What Should I Do After an Accident If I'm Uninsured? Call emergency medical services if anyone seems to have suffered significant injury. Call local law enforcement to the scene. Exchange information with anyone involved in the accident. Be careful what you say at the car accident scene.
If the at-fault party is uninsured, the insurer may pursue subrogation against the driver personally.
Claims When You Are Not At Fault One of the reassuring aspects of uninsured motorist claims in California is that they usually won't impact your insurance rates if you are not at fault in the accident.
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.
But, as a California personal injury attorney I can assure you that your insurance company should not raise your rates for making an Uninsured or Underinsured Motorist claim on your policy. In fact, in most cases, doing so may violate long-standing California legal statutes.
California law prevents insurance companies from increasing your rates for accidents where you are not considered principally at fault.
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.