Insurance Law

A San Diego Insurance Lawyer Answers
Frequently Asked Insurance Law Questions

What are my options if I am injured by an uninsured motorist?
You may have insurance coverage, such as uninsured motorist coverage, which may cover those losses – uninsured motorist insurance is specifically designed to cover you for these losses. Another party may have insurance that covers the vehicle in question (and, by extension, your losses), such as a registered owner or employer. You may also be covered by the uninsured motorist coverage of a relative who resides with you. You should never assume you are not covered in some way for an accident injury loss – contact the Law Offices of Jeffrey R. Frank immediately to schedule a free consultation with an experienced San Diego insurance lawyer.

What if I am injured in an automobile accident and my injuries, including medical bills, lost wages and pain and suffering are greater than the insurance policy limits of the negligence driver?
You may have other avenues of recovery, such as under insured motorist coverage which will pay your damages in excess of the inadequate policy limits of the negligent driver (up to your own under insured motorist policy limits). You may also be able to pursue the personal assets of the driver. As this can be complex and may influence the insurance company’s willingness to tender their policy limits, you should have the advice of an experienced San Diego insurance lawyer to help guide you through this process.

How can I pay for medical care?
If you are injured in a car accident you can, of course, use your normal insurance. Also, you may have medical payments (med-pay) coverage which will pay your medical care up to the medical payments policy limit. Even if you have health insurance, it is wise to have med-pay benefits, as certain types of health care may be unavailable or difficult to access under ordinary health insurance. Some examples of the many types of health care which may not be covered under many ordinary health insurance plans are chiropractic care, massage and acupuncture.

Will my insurance rates go up if I use benefits under my auto insurance or other insurance?
If you are not at fault in an auto accident and are injured, you can and should access any needed benefits available to you under your own insurance. You have paid for this coverage and you should not fear repercussions in the way of cancellation of your insurance or the raising of your rates. Your insurance company is prohibited by law from raising your insurance rates if you were not at fault in the automobile accident.

What happens if my employer does not carry workers’ compensation insurance?
In California, if your employer does not carry workers’ compensation insurance and you suffer on the job injuries, your claim is handled in the normal civil court system rather than the workers’ compensation system. You have a civil action against your employer for your injuries rather than being limited to a workers’ compensation claim. Furthermore, the burden of proof in such a case is shifted in your favor – rather than you having to prove you were injured by negligence or other misconduct by a preponderance of the evidence, the employer is presumed to be at fault and must present evidence to contradict this presumption – giving you a significant advantage. The employer may also subject to penalties which range from shutdown of the business, fines of up to $100,000.00 and possibly imprisonment. You may also be eligible to file a claim with the Uninsured Employers Fund established by the State of California.

What can I do if I feel I’m being mistreated (or ignored) by an insurance company for my accident injury losses?
Hire an attorney. While there are complaint procedures for aggrieved consumers set up through the California Insurance Commission, their efforts are directed more toward penalizing the insurer rather than providing you just compensation, and even this limited process can be quite slow. Hiring an experienced, aggressive San Diego insurance lawyer knowledgeable in insurer’s duties and obligations, such as the lawyers with the Law Offices of Jeffrey R. Frank, is the best way you can show an insurance company that you are serious about recovering what you are owed.