­­How Long Does it Take to Get Paid on an Uninsured Motorist Claim from My Own Insurance Company?

Picture it: you’re cruising down the road with not a care in the world, when all of a sudden, you’re hit by another car. You get out and speak to the other driver, who sheepishly admits that he doesn’t have insurance. Thankfully, California insurance companies offer uninsured motorist (UIM) coverage, which protects you when you are involved in an accident with an uninsured driver. This coverage also protects you if the other driver in underinsured, meaning their policy is inadequate to cover the full extent of your losses. Many victims start the claims process, thinking that it will be a matter of weeks before they get paid. Unfortunately, this process can be delayed by many obstacles, some of which will be from your own insurance company. These clients find their way to our office and ask, “How long do I have to wait until my insurance company pays out my UIM claim?”

It’s not possible to give you an exact answer since there are various factors that affect the timeline of your case. We will go over some of these factors by explaining the process your claim will go through in order for you to get paid. This will give you an idea of how long you may have to wait, but keep in mind that this information is for general purposes only.

Whether you are starting the claims process or you’re already working with an attorney, it’s important to understand all your available legal options. Contact our office and learn about your rights as a car accident injury victim.

The Uninsured Motorist Claims Process
Below is an outline of the UIM claims process and the amount of time that may be spent in between these stages. As noted above, the information provided may or may not apply to your own situation.

1. File a claim with the at-fault party’s insurance company, or get proof that the person is uninsured.

If the person who hit you has insurance, you will need to “exhaust” the full amount of their coverage before you can request money from your own insurance company. This can happen very quickly, considering that the at-fault individual may have as little as $15,000 in liability coverage. That’s not much when it comes to medical bills and other losses commonly associated with car accidents. So it’s possible that you’ll exhaust the coverage soon after your accident and will be able to file a UIM claim through your insurance company.

Then again, some injuries require long recovery times, or it’s uncertain what the long-term effects will be. In that case, you may need to wait months, or maybe a year or more before you can show that you have fully exhausted the other party’s coverage limit.

If the other person in uninsured, you’ll need them to confirm this with your insurance company. They may refuse to cooperate, in which case, you can ask Motor Vehicles to verify the person’s lack of insurance coverage. This may be enough to get the other person to cooperate, since they will lose their license if the MVC finds out they’re uninured. But the back and forth between you and the at-fault individual, followed by the MVC investigation, can still take weeks or months.

2. Open a UIM coverage claim with your own insurance company.

Once you’ve verified that the person who hit you is uninsured, or you’ve exhausted their coverage amount, you will need to open a UIM claim with your own insurance company. You are not required to have an attorney for this step, but it’s highly recommended to ensure that you answer the questions correctly. We’ve seen many claims that were rejected, simply because of an error or information that wasn’t as clear as it could have been. An attorney can ensure that your rights are protected and help prevent unnecessary delays.

3. Work with a lawyer to calculate your losses and draft a demand letter.

This is a not necessarily a separate step since the demand letter should be submitted with your claim. Doing this right from the beginning can save you time, especially if you work with a lawyer who is used to dealing with auto insurance companies.

But if you submitted a claim and it was rejected by your insurance company, you can still talk to an attorney, who will draft a demand letter, along with evidence such as medical bills, property damage, and verification of lost wages. An attorney’s knowledge is particularly important when it comes to the amount of your damages. Eye balling this figure can leave you with insufficient compensation and compromise your recovery for many years to come.

Keep in mind that insurance companies are bogged down with claims, so even if they want to cooperate with you, it could be quite a while before you hear back from them. If they refuse your settlement offer, you will need to request arbitration with the courts.

4. If your insurance company won’t settle, file for arbitration.

Arbitration is a form of dispute resolution that has to be ordered by the court. Both sides will submit their dispute along with any evidence. One of more arbitrators will review the case and make a final decision on your settlement award. Many UIM claims go to arbitration, and it’s best to do this sooner rather than later. Our lawyers have found that it normally takes anywhere from 3 to 4 months to bring a case before an arbitration panel. Thus, a proactive car accident lawyer will normally ask for arbitration as soon as the insurance company denies your claim. Less proactive or inexperienced lawyers will let things drag before they request arbitration, which is undeniably frustrating for the client. We’ll talk about this in more detail later, but for now, let’s discuss how your claim may be delayed by the insurance company.
Why is My Insurance Company Dragging Their Feet?
Okay, so you’ve submitted your demand letter with the required evidence to your insurance company, so you should receive your check any day now, right? This is, after all, your own insurance company that you’ve been paying into for all these years. Sadly, many insurers are slow to address injury claims, which must be reviewed by their own attorneys. The long wait time may be legitimate in cases of severe or complex injury. But some companies intentionally use delay tactics to avoid paying claims for as long as possible.

An attorney that is knowledgeable in uninsured motorist laws can fight back against these tactics and push to recover the value of your claim. They should be doing that right from the first demand letter, but less experienced lawyers may sit back and wait far longer than they should. However, UIM claims have to be handled aggressively right from the start to ensure the victim is compensated in a timely manner. If your insurance company is clearly acting in bad faith, you shouldn’t wait to file an arbitration request with the court.
Why is My Lawyer Taking So Long on My Claim?
This is the number one complaint we hear from clients when they come to us for a second opinion. Based on pending cases that were transferred to our firm, it mostly boils down to lack of experience. UIM claims are different than personal injury lawsuits, since you’ve already paid for the coverage. Your insurer must pay you for the damages from your accident, but how much and when they pay you is where the frustration lies. During this time, a less experienced lawyer may accept the insurer’s explanation for delays and not push for the progress you’re entitled to.

Another possibility is that your attorney does not see the value in your claim compared to other lawsuits they’re working on. Since you have paid into this coverage and there is no statute of limitation on UIM claims, they may feel justified in putting your case on the back burner. But that doesn’t help victims who need compensation for their injuries. All injury victims are treated equally at our firm, but sadly, some lawyers see clients as dollar amounts rather than people who are in need of help.

Fortunately, there are actions you can take if your lawyer isn’t doing enough on your UIM claim. To learn more, contact the attorneys of Normandie Law Firm.
Our Recent Verdicts and Settlements

Is it Too Late to Switch Attorneys?
No, it’s never too late to switch attorneys at any point during a legal action. But you should always get a second opinion from another lawyer before you make the switch. Our lawyers have many years of evaluating an attorney’s services, and sometimes, we find that personal differences are the source of the problem. A lawyer and their client may have different communication styles, for example, and this could make the client feeling like they’re being ignored or disrespected. If this is the only real issue, clients should have an honest conversation with their attorney about their feelings, and see if that solves the problem.

On the other hand, we’ve seen evidence of negligence and lack of experience in quite a few cases, and these problems may justify a change in counsel. In that case, we will need to review your contract with the current attorney and advise you of the terms for ending that contract. That way, you can decide whether it’s worth it to transfer your case to us.

To learn more about changing counsel in the middle of a claim, schedule a free consultation with one of our attorneys.

Contact Normandie Law Firm
Money is the biggest worry for any injury victim, which is why many of them fail to seek advice from a personal injury attorney. At Normandie, victims never pay upfront for any of our services, starting from the initial consultation. We only recover our fees once you get paid, so you owe us nothing at all if we fail to settle your claim. That’s our promise to you under our Zero fee guarantee, which includes free second opinions if you’re unhappy with your current attorney.

No matter where you are in the claims process, please give us a call and speak with a car accident injury lawyer today.

We handle cases for all insurance providers in California, including:

• AAA / Interinsurance Exchange of the Automobile Club
• State Farm
• Allstate
• Mercury Insurance / California Automobile Insurance Company
• Geico
• USAA
• Progressive
• Infinity Auto Insurance
• Alliance United Insurance Company
• Wawanesa Insurance
• Nationwide
• Liberty Mutual
• The Hartford
• Travelers
• California Casualty
• Anchor General Insurance
• Explorer Insurance Company
• Capital Insurance Group
• Market Insurance
• Foremost Insurance
• Farmers
• Esurance
• Amica
• Safeco
• Dairyland Insurance
• Kemper Insurance
• National General
• 21^st Century Insurance Company
• MetLife
• MAPFRE Insurance

Additionally, we work with Uber or Lyft insurance customers with the following companies:

• Liberty Mutual
• Farmers Insurance
• Mercury Insurance
• USAA
• Allstate
• Esurance
• Geico
• MetLife
• State Farm