QUESTION
Do I have any recourse after a collision with an uninsured driver? How?
Asked on Aug 27th, 2015 on Personal Injury - Georgia
More details to this question:
I have scars from a crash that happened last year, when I was in a severe accident. The other driver gave false insurance information to the police during the report. Now no one is paying for my injuries. What recourse do I have? I also have permanent damage to my leg.
8 ANSWERS
Edwin K. Niles
First, check your policy to see if you have uninsured motorist (UM) coverage. If not, do an asset check on the other driver/owner, to see if there's a chance of getting anything. Finally, you may be able to recover something from the Victims of Crime Fund.
Answered on Aug 28th, 2015 at 2:21 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Sure if you have purchased Uninsured Motorist coverage as part of your vehicle insurance. Read your policy and Declaration Sheet to see if you have the coverage, and if you do, what the policy requirements are for making the claim. You can always sue the other driver/owner (if the owner is different than the driver, there may still be coverage on the other vehicle) but collection would likely be a problem if there was no coverage. Indeed you will need to investigate to be sure there is no available coverage before your insurer would pay any UM claim. Usually you'll want a lawyer analyze your particular fact situation and give you advice. Also your MI insurer should pay you No Fault benefits, so I'm not exactly sure what you mean by "no one is paying for my injuries".
Answered on Aug 28th, 2015 at 8:37 AM
Ronald A. Steinberg
If you have uninsured motorist coverage on your insurance policy, make a claim. If not, you have to hunt down the bad guy, and sue him.
Answered on Aug 27th, 2015 at 10:33 PM
You may have uninsured motorist benefits.
Answered on Aug 27th, 2015 at 7:17 PM
James Eugene Hasser
Yes. File an uninsured motorist (UM) claim with your insurance company and let them worry about getting their money back from the uninsured motorist. Good luck.
Answered on Aug 27th, 2015 at 6:18 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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There are a few possibilities. In all likelihood to the other driver was violating at least one law by not having insurance. In many states there is a safety responsibility law that a victim can use to suspend the driving privilege of and uninsured driver. You can also sue him personally, of course, and garnishee his wages or other property that is not exams. Consult a personal injury lawyer for more detail.
Answered on Aug 27th, 2015 at 6:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Where is your insurer? Did you have uninsured motorist coverage? See an attorney with the facts to plan your actions.
Answered on Aug 27th, 2015 at 6:10 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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If you have uninsured motorist coverage on your auto policy, you may have a claim.
Answered on Aug 27th, 2015 at 6:07 PM