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At Goldberg Injury Lawyers, we regularly field calls from other lawyers and insureds seeking advice on how to advance or conclude their UM and UIM claims.

More often than not, lawyers and insureds make the same mistake which stalls the claim and there is no instruction on how to get the claim “back in gear”.

The single biggest mistake that is made over and over again is that lawyers and insureds fail to effectively demand arbitration. Uninsured and Underinsured motorist claims fall outside the regular legal system. All such claims are decided by arbitration in California. As a practical matter, insurers discourage arbitration and claimants fail to push for this important remedy. So, the claim is stalled and there is no end in sight.

Falling into the delay trap defeats the whole purpose of the Uninsured/Underinsured motorist laws—to provide a prompt and inexpensive conclusion to the claim. Even the most experienced and effective personal injury trial lawyers fall victim to this ambiguity. For the UM/UIM laws to work, lawyers and insureds must effectively demand arbitration at the earliest opportunity.

Arbitrations should be set at the outside limit of 90 days. With an arbitration date set, the claim will not linger. Of course, there is a lot of work to be done to be sure. However, lawyers and insureds know that the case will be concluded within 90 days—so it’s worth it!

There is simply no excuse for allowing a case to stall.

Goldberg Injury Lawyers | Northridge, CA

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