How To Appeal A UM/UIM Claim Denial
How Do I Know If I Have To Go To Arbitration?
When an automobile insurer denies payment of a valid underinsured or uninsured motorist claim, Walkup Melodia lawyers have the skill, experience and know-how to bring your case to arbitration, as required by the California insurance code. A section in your insurance policy typically called “general provisions” is where you will find information about how to submit a claim, cancellation or termination of a policy, conditions under which a policyholder can file a lawsuit, and the insurance arbitration clause.
How Do I Request Arbitration?
While California’s insurance statute says that you must arbitrate your dispute with your car insurance company, it is your insurance policy that describes exactly how that will be done.
How Does Arbitration Work?
Arbitration is a legal process in which disputes are resolved by one or more impartial third parties.
A policyholder may not bring an action against its uninsured motorist carrier in court if arbitration is required. You must have a lawyer who is familiar with arbitration and knows how to conduct one. The lawyers at Walkup Melodia understand arbitration and have successfully arbitrated many uninsured and underinsured motorist cases. The decision of the arbitrator or arbitration panel is final and enforceable in court. There is no right to appeal and the arbitrator’s ruling usually cannot be changed.
What Does Arbitration Cost?
If there is only one arbitrator, the parties split the cost. In a three-party arbitration, each side pays the entire cost of its arbitrator, plus half of the third arbitrator’s costs.
Experienced California Car Insurance Appeals Attorneys
Every insurance company is a little different. Experienced car, pedestrian and bicycle accident attorneys at Walkup, Melodia, Kelly & Schoenberger will be able to interpret your insurance contract to determine the following:
- How do you begin the process of appealing an insurance decision?
- Will there be one arbitrator or three?
- Who will choose the arbitrator(s)?
The law firm of Walkup, Melodia, Kelly & Schoenberger represents clients with uninsured and underinsured motorist claims across the Bay Area on a contingent fee basis.
You will not pay hourly fees, but a fee will be deducted from any amount recovered. If no money is recovered, there is no fee.
At Walkup, our focus is on helping injured people get the compensation they need. If you were hurt by an uninsured or underinsured motorist, contact a Bay Area uninsured motorist attorney to schedule a free consultation. To discuss your case with one of our attorneys, call us at (415) 981-7210 or contact the Walkup firm online.