Looking Back on Zubillaga v. Allstate
As an Orange County car accident lawyer I have seen my share of injuries as a result of motor vehicle collisions. Most drivers who experience injuries in these cases may feel that their insurance is going to take care of whatever expenses they incur, but that’s not always the case.
An Orange County car accident lawyer can help injury victims
In one of my cases, Zubillaga v. Allstate, my client (injured due to another driver in a car crash) sought a higher award than the insurance company was willing to give, even though her Underinsured Motorist Coverage (UIM) specified a higher maximum amount. The insurance company denied my client’s claim but did not sufficiently justify why they were denying it.
Underinsured Motorist Coverage
For those unfamiliar with UIM it is defined here
Uninsured motorist coverage (UM) pays for your medical expenses if you are injured in a crash caused by an uninsured motorist. This coverage usually includes underinsured motorist coverage (UIM), which protects you if you are hit by a driver who is underinsured. It will help pay for your medical bills and vehicle repair costs that may exceed the at-fault driver’s own policy limits.
A Car Crash Lawyer Succeeds on Appeal
After going through arbitration and a lower court’s decision in favor of the insurance company, I appealed the decision to the California Court of Appeal (Fourth District, Division Three). This court reversed the lower court’s decision and awarded the amount my client was seeking.
While I am pleased with the victory in court it highlights how important it can be to hire the right automobile accident lawyer. Without legal help my client may have been forced to settle for what the insurance company was willing to dole out. Offering a substantially lower amount was not merely unjust in a moral sense, it went again precedent (see Wilson, supra, 42 Cal.4th at p. 720). In cases such as this the law finds that in contracts (including insurance policies) the insurance company does indeed have a duty of good faith toward its policy holder.
Car accident attorneys such as myself not only secure legal victories for our clients, but in cases like this, it serves as a reminder (and legal precedent) to insurance companies (or any other person, company or entity that enters into a contract) that they have an obligation to provide the benefits, goods or services set forth in such contracts. In fact Wilson, supra contains the following which applies to this case:
“While an insurance company has no obligation under the implied covenant of good faith and fair dealing to pay every claim its insured makes, the insurer cannot deny the claim `without fully investigating the grounds for its denial.’”
I know as personal injury attorneys we tend to toot our own horn but I believe we provide a valuable service to our clients (and to the community at large) by standing up for those whose voice may be drowned out by large corporations like insurance companies. I think Zubillaga v. Allstate is an example of how a car accident lawyer in Orange County serves the interests of individuals and consumers who otherwise would not have a voice.
If you find yourself in a similar situation here in Tustin, Santa Ana, Orange, Anaheim, Laguna Beach or any other Orange County city, perhaps the victim of a motor vehicle accident where the other party is at fault and is either uninsured or underinsured, I’d urge you to consult with me to determine the best course of action in your case. The consultation is always free and it may be one of the best decisions you make in the wake of a car accident. Please call my Tustin office at 714-544-1460.