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Barry P. GoldbergBarry P. Goldberg
Barry P. Goldberg
Auto Accident, Slip & Fall, Dog Bites Attorney Los Angeles

CALLS ANSWERED 24/7: (818) 222-6994

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Using Your Own Insurance Company for Uninsured Motorist

Why Should You Have to Go Through Your Own Insurance Company if You Were Not At Fault for the Uninsured or Underinsured Motorist Accident?

Many victims hit by an uninsured or underinsured motorist are outraged that they must make a claim with their own insurance company. Many accident victims figure that their rates will go up and they will be charged for being in an accident. Many victims are worried that the uninsured driver will get away “Scott Free” and that they should not have to pay for his failure to obtain liability insurance. We understand! However, that is exactly why you have been paying a separate premium for Uninsured Motorist coverage. If you were not at fault for the accident, you will not be charged for an “at-fault” accident merely because you submitted a claim. Also, as will be explained in more detail below, carrying appropriate Uninsured Motorist coverage is an important part of California’s Financial Responsibility Law.

Uninsured motorists will be punished a part from your accident claim. First, the California Department of Motor Vehicles will suspend the driving privileges for an uninsured driver involved in an automobile accident for at least one year. It is vitally important that you immediately report all automobile accidents with the California Department of Motor Vehicles. Our office will do that for you if you are a client. It is not enough to simply report the accident to your own insurance company. The California Department of Motor Vehicles investigates the insurance for all drivers involved in accidents regardless of fault. If they determine that a driver was without liability insurance, that driver’s license is automatically suspended.

Second, if your Uninsured Motorist insurer pays you for an at fault driver who was uninsured, it will seek to recover all of the money paid to you directly from the uninsured driver. This is called “subrogation.” California insurers have become more aggressive and creative than ever in suing and recovering money from uninsured drivers than ever before. The uninsured driver will likely be held accountable for many times the amount of your Uninsured Motorist coverage premium. That is one of the reasons that Uninsured Motorist coverage is relatively inexpensive for the extensive protection it provides.

Third, your own insurance company is more likely to honor and cooperate in evaluating your claim. Not only are you a customer, but there are statutory and common law obligations that require your insurer to act promptly, fairly and in good faith with you. Why does this matter? It matters because claim presentation more often than not goes smoothly. You are given the benefit of the doubt. There can be severe penalties levied against an insurer that fails to deal in “good faith” with its own insured. As a result, uninsured motorist claims are concluded more promptly and with a better financial result than a comparable “third-party” action.

Related Articles
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July 9, 2018
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April 16, 2018
Waiving Uninsured Motorist Coverage— No Written Waiver is Required to Provide Uninsured Motorist Coverage Above the Minimum.
January 15, 2018
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June 20, 2017
  • Uninsured Motorist Resources
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  • Using Your Own Insurance Company for Uninsured Motorist
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Serving Tarzana, Woodland Hills, Canoga Park and San Fernando Valley.

Barry P. Goldberg

Personal Injury Lawyer Los Angeles
21700 Oxnard Street #370
Woodland Hills, CA 91367
Phone: 818-222-6994

By appointment only
22048 Sherman Way, #304
Canoga Park, CA 91303
Phone: 818-456-0487

Our offices are located in Woodland Hills, CA and we service clients throughout Southern California.
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  • Results Oriented, Trustworthy and Knowledgeable

    I suffered through a not-my-fault auto accident in January of 2010. Unfortunately the opposing insurance company is well known for it’s habitual delays of paying plaintiffs.
    Barry Goldberg did an excellent job of pursuing Mercury on my behalf until we reached a more than fair settlement. He is fair, knowledgeable, kept me well informed through the months of interaction with opposing Counsel and acheived a great result considering all the circumstances. I would highly recommend him to anyone with a personal injury lawsuit! Should a prospective client wish to speak with me about working with Mr. Goldberg, please contact him for my information.

    Car Accident Client
  • Highly Knowledgeable and Responsive

    As an attorney with a legal matter outside my area of expertise, one involving my own family member, I decided to contact Mr. Goldberg after viewing some of his quality legal work. His grasp of the particulars was very impressive, as was his advice in regard to proceeding forward. His speedy and friendly response was refreshing, highlighting an engaged and highly competent professional.

    Personal Injury Client
  • Negotiating a Settlement and Social Media

    Really appreciate the legal guidance I received from Mr. Goldberg. I did not feel my insurance company had my best interest in mind and I reached out for legal council. It was clear Mr. Goldberg was an expert not only in personal injury cases but the use of Facebook posts and Tweets as evidence. I will definitely work with Mr. Goldberg again in the future and will recommend him to my family and friends.

    Insurance Law Client
  • I was hit by a SUV while cycling in Santa Monica and was referred to Barry by a cycling friend (who was also a lawyer). Barry and his staff were professional and very easy to work with and negotiated a fair settlement with the drivers insurance company for the damage to my bike and for my medical bills and injuries. Unlike the run-in with the SUV (or going to the dentist), it was about as painless an experience as I could have hoped for.

    Cicycle vs. SUV
    Dave, a Car Accident Client
  • I initially called a different attorney to handle my case. He didn’t file the DMV forms and got my license suspended due to negligence. He also stopped answering the phone for a solid 6-8 months.

    One day I began to search for a new attorney and I found Barry. He took over my case, knowing that it was a mess and he would have to put in extra work for free. He immediately took control and got everything in motion. My case was resolved in my favor, faster than I had anticipated.

    I was kept up-to-date at all times, even when I didn’t call them. Sarah was sure to update me anytime new info came in. I would recommend Barry to my family. This is a great law office, so there’s no need to continue searching around and worrying who to call. You have found the people you are looking for. They also have a nice office for the times you need to stop by.

    Here’s the attorney you have been searching for: Barry Goldberg
    Ryan
  • I was involved in a car accident about a year ago, t-boned by another car which ran a red light. I found myself with a huge hospital bill, several other bills, a totaled car, phone calls and letters every day, and no one to turn to for help. I attempted to do things on my own, and quickly got in over my head. A friend found Barry’s website, so after a couple months of being stressed and overwhelmed, I gave him a call and we set up a free consultation.

    The office is easy to find, very clean and professional. I met Barry and his assistant Sarah, and immediately felt comfortable and relaxed with them. Barry sat and listened and talked with me, giving advice for TWO hours instead of the agreed one hour! He was so genuine, so kind, and truly cared about my situation and wanted to help. A few days later I hired him, and it was the best decision I could’ve made!!!

    Barry and Sarah always kept me in the loop with phone calls and emails of progress with my claims. They are persistent and efficient, and have won way more money for me than I could have ever gotten fighting this case on my own! Everything on their end has been fast- responses, updates, issuing checks- and with attention to detail. The only reason it has taken a year to wrap up has been waiting on the hospital/insurance/others to respond to the firm.

    A tremendous burden was lifted off my shoulders when I hired this firm, and I am immensely pleased with their service and support!!! SO many thanks to the Goldberg law office!!! I’d recommend them any time 🙂

    Best Decision I Made After My Auto Accident
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