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How does underinsured motorist insurance work? I was

How does underinsured motorist insurance...
How does underinsured motorist insurance work?
I was involved in a car accident. The other driver was at fault. If the other drivers insurance does not cover all expenses does my insurance do it? Do I technically sue my own insurance?
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Answered in 5 minutes by:
1/18/2018
legalg
legalg, Attorney
Category: Personal Injury Law
Satisfied Customers: 13,990
Experience: General Practitioner. Research Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Personal Injury Law Question

Un/underinsurance is a valuable policy as it covers the insured if the other party is not adequately insured, or has no insurance; it covers the insured whether or not they are actually in a car (ie it covers a pedestrian hit by an un/underinsured motorist).

This explains the policy:

https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/auto101.cfm

If a person is injured (property damage or personal injury) by an un/underinsured motorist, the first step is to file a police report; the second step is to file a claim with one's own insurance company.

If the insurance company fails to pay out per the policy's requirements the insured may sue for bad faith breach of insurance contract (this may include "punitive" damages as well, designed to punish the insurance company so they don't continue the wrongful conduct) and file with the state agency that oversees the industry.

https://www.insurance.ca.gov/01-consumers/101-help/

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Customer reply replied 7 months ago
if the driver that hit me does not carry enough coverage for my injuries, my insurance will pay me?

Yes, that is correct.

legalg
legalg, Attorney
Category: Personal Injury Law
Satisfied Customers: 13,990
Experience: General Practitioner. Research Attorney
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