(Please note: the names and locations of all parties have been changed to protect the confidentiality of this car accident case and its proceedings.)
BRIEF FACTUAL SUMMARY
Plaintiffs are informed, believe and thereon allege the following facts:
8. On or about June 19, 2007, Plaintiff Anna A. and Defendant XYZ entered into a written contract of motor vehicle bodily liability insurance which included provisions for bodily injury damages incurred by uninsured motorists. Said contract is titled Interinsurance Exchange of the XYZ Insurance Company Policy (hereinafter the “Policy” ).
9. Pursuant to Insurance Code §11580.2(b), as well as the Policy, each and every Plaintiff is an insured and entitled to benefits under the Policy.
10. The Policy provided coverage for a 2004 BMW 328i (hereinafter “Vehicle” ), and provided for uninsured motorist in the amount of $30,000 perperson, $60,000 each occurrence, with medical payment benefits of $5,000 per person.
11. On or about September 3, 2007, Plaintiffs were involved in an automobile accident due to the fault of an uninsured motorist. Each and every Plaintiff suffered bodily injury as a result of the accident. Consequently, Plaintiffs began medical treatment.
12. On or about December 16,2008, Petitioners finished their medical treatment and made claims for damages and medical expenses under the “uninsured motorist” provision of the policy.
13. In addition, Plaintiffs submitted substantial medical records, documents, and other evidence which evidence the extent of Plaintiffs’ injuries and medical treatment received. However, Defendant denied and continues to deny the extent of Plaintiffs’ medical treatment.
14. Over the next four months, Plaintiffs have continuously and repeatedly attempted to negotiate a full and equitable settlement of their claims. However, each and every time, Defendant contested Plaintiffs’ claims, yet provided no basis for doing so.
15. To date, Defendant continues to dispute Plaintiffs’ injuries and treatment and delay settlement of Plaintiffs’ claims. At no time has Defendant ever provided any written explanation to support its disallowance of Plaintiffs’ claims, much less any explanation whatsoever. (See Part 3 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.