Updated: Oct 15
Your insurer has a duty in California of good faith and fair dealing to you. Unlike
carriers for another driver who causes an accident, this means your insurance company must treat you fairly and place your interests at least equal if not greater than their own interests which we all know is financial. California used to require insurers for 3rd
parties (another driver) to also act in good faith toward you but that changed with
Royal Globe (a California Supreme Court case in 1988).
There are times where your insurer may treat you unfairly or unjustly because insurance companies tend to treat every claimant like the enemy. If your insurer is doing this to you, you need to contact a lawyer asap to represent you and to get
them to follow the law. For example, because insurance carriers want to make more and more money, they will look for any way possible (sometimes in violation of the law) to deny your claim or to limit the damages amount that they offer in settlement of your claim. For this reason alone, it is very important if you have a significant injury caused by an accident in which someone else is at fault for causing, that you contact a good personal injury or auto accident lawyer asap and not wait even a week after an accident. If you don't contact a good lawyer, the insurance company could well get information from you to use against you and by the time you finally get a lawyer, it will be too late to maximize the value of your claim.
Even though you pay premiums to your insurer, when it comes time to make a claim against them, they will treat you like the enemy and violate their duty of good faith so please understand the vital important of seeking legal assistance immediately after an accident if you have significant injuries including broken bones, herniated discs, torn ligaments. . . . It is also strongly recommended that your insurance limits for Uninsured Motorist coverage (and liability) be at least $500,000.00 in case the at fault party has limited insurance. This way your serious injuries can be fully compensated which protects you.