QUESTION
We were rear ended by a woman with a suspended license and no insurance what are our options?
Asked on Feb 07th, 2013 on Personal Injury - California
24 ANSWERS
Report the accident to your own insurance company and make a claim for Uninsured Motorist benefits.
Answered on Feb 12th, 2013 at 8:25 PM
First, you need to contact your auto insurance agent to see if you have uninsured motorist coverage. If so, it should pay for you damages. You also could sue the driver, but the question will be whether you could collect from her after you get a judgment.
Answered on Feb 11th, 2013 at 10:18 PM
Personal Injury Attorney serving Beverly Hills, CA
Partner at
Engelman Law, APC
If you were injured and your own insurance has a uninsured motorist provision, you can likely file a claim with your own auto insurance. You should speak to a lawyer about the nuances of accomplishing this.
Answered on Feb 11th, 2013 at 8:30 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You may collect from your own carrier if you have uninsured coverage, if you dont have that coverage sue her, get a judgment and tell DMV. They have the power to keep her from having a license until she pays the judgment.
Answered on Feb 11th, 2013 at 6:58 PM
Ronald A. Steinberg
File an uninsured motorist claim with your own insurance company.
Answered on Feb 10th, 2013 at 11:54 PM
Personal Injury Attorney serving Kent, WA
at
Law Offices of Wayne J. Wimer, Inc. P.S.
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1) File suit against her and hope that she has a job and assets to reach; 2) Assuming that you had uninsured motorist coverage on your own auto, turn your claim for property damage and personal injury in to your own insurance company; 3) If you had Personal Injury Protection coverage on your own vehicle, turn your bills in to your insurance company and turn your wage-loss claim in to them as well; 4) File a sworn claim with the department of Motor Vehicles concerning your damages and the fact that the lady did not have insurance, and the department will impose a security requirement on the driver that she will have to pay before she can get a new license.
Answered on Feb 10th, 2013 at 11:50 PM
Sue the woman or go you can go after your own uninsured motorist coverage under your own automobile insurance policy.
Answered on Feb 10th, 2013 at 11:33 PM
James Eugene Hasser
If you have insurance and have collision coverage, your insurance will pay for the damage to your car. If you were hurt, your med pay will pay up to the limits for your medical bills. I typically advise clients to use their regular medical insurance for medical bills and the med pay for co-pays and deductibles. If you have uninsured motorist coverage, it should cover you up to the limits for your injuries. If you have more than one vehicle you can stack. If you were seriously injured, you should probably seek the advice of a lawyer familiar with Alabama accident law. If you don't have insurance, and the lady was ticketed, you can get in touch with the prosecutor and ask them to require that the lady pay you restitution for your damages and injuries as part of her sentence. You can also complete and file the SR-13 that the State should have sent you. The State will require that the lady pay you as a part of getting her license back.
Answered on Feb 10th, 2013 at 11:16 PM
NA richard@jandjlaw.com
Use your car insurance, for collision coverage, Personal Injury Protection (PIP) to pay your medical bills and wage loss, and Uninsured Motorist (UM) to pay for your pain, suffering and disability damages.
Answered on Feb 10th, 2013 at 11:15 PM
Medical Malpractice Attorney serving Valparaiso, IN
Partner at
Langer & Langer Attorneys at Law
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If you have insurance on your automobile, you should have uninsured motorist coverage (UM). Your own insurance company is obligated to pay whatever damages you are legally entitled to recover from the uninsured motorist up to the limits of your UM coverage.
Answered on Feb 10th, 2013 at 10:39 PM
Elder Law Attorney serving Aventura, FL
at
Elder Needs Law, PLLC
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This is why it is important that EVERYONE have uninsured motorists coverage. You can, technically, sue them personally. But few lawyers would take that case because of the likelihood of the at-fault party having limited assets to go after.
Answered on Feb 10th, 2013 at 10:03 PM
Personal Injury Attorney serving Atlanta, GA
at
Gregory S. Shurman, LLC
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If you have uninsured motorist coverage, pursuing a claim against that policy would be your best approach.
Answered on Feb 10th, 2013 at 9:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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Make the claim on your uninsured motorist coverage.
Answered on Feb 10th, 2013 at 9:37 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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You should make a claim on your insurance for an Uninsured Motorist Claim. You should retain an attorney to help you do this. MDK Helping injury victims & their families achieve justice.
Answered on Feb 10th, 2013 at 9:32 PM
Christian Joseph Menard
If you have uninsured motorist coverage, your policy should cover your loses up to your policy limits. Check your policy and then contact your insurance agent to report the accident.
Answered on Feb 10th, 2013 at 9:18 PM
Lisa Hurtado McDonnell
File a claim with your own insurance company.
Answered on Feb 10th, 2013 at 8:57 PM
Edwin K. Niles
You should review your own policy. You may have uninsured motorist coverage, and if so your insurance co. would act as if they covered the other driver. Otherwise you should try to get a feel for the other party's financial resources, to determine whether or not it's worthwhile to pursue her.
Answered on Feb 10th, 2013 at 7:21 PM
If you have uninsured motorist coverage then you will be reimbursed for property damages as well as pain and suffering as the result of bodily injuries.
Answered on Feb 10th, 2013 at 7:19 PM
Automobile Accidents and Injuries Attorney serving Santa Ana, CA
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Law Offices of Maurice L. Abarr
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Report injury and loss to your own carrier and if you have Uninsured Motorist Coverage that covers Property Damage and Bodily Injury you have coverage for you loss (to the extent of your coverage).
Answered on Feb 10th, 2013 at 7:06 PM
Monica Cecilia Castillo-Barraza
If you are in California, you should look to your own uninsured/underinsured motorist coverage if you have it.
Answered on Feb 10th, 2013 at 6:55 PM
Criminal Defense Attorney serving Clearwater, FL
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Tager Law Firm, P.A.
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You can sue her personally and also the person who owns the car. There could also be other parties responsible depending on the facts of the accident. Also do not forget if you have uninsured or underinsured coverage your car insurance company could be responsible.
Answered on Feb 10th, 2013 at 6:46 PM
You can sue her and / or the owner of the car who let her drive it. They may have assets.
Answered on Feb 10th, 2013 at 6:43 PM
Accidents Attorney serving Tyler, TX
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The Flowers Law Firm, P.C.
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If you were hurt, go to a doctor immediately, then call a local personal injury attorney to help you navigate through the claim process. Hopefully you have UM/UIM benefits on your policy. If you were not injured and you are only talking about damage to your car, call your insurance company and let them handle it. That's why you have insurance.
Answered on Feb 10th, 2013 at 6:37 PM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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You should check with your own insurance carrier to see if your policy includes uninsured motorist benefits.
Answered on Feb 10th, 2013 at 6:37 PM