QUESTION
What can be done if a person was hit by a car owned by a guy who do not have an insurance?
Asked on Oct 26th, 2013 on Automobile Accidents - Ohio
More details to this question:
My sister was walking back from dropping her 8 month son off and was crossing a crosswalk when a car slammed into her, she flipped over the car, broke her pelvis in 2 places and a compound fracture of her right arm. We have the guys information and the police wrote out a report but apparently the guy has no insurance at all. My sister only has medical and the hospitals keep sending her home without surgery or anything even tho she cant move an inch or use the restroom. What can be done in this type of situation? How can my sister get help?
11 ANSWERS
You sister can and should sue the man who hit her, and get a judgment. The issue will be collecting it, and that will depend on his assets and income. She should also look into suing the owner of the car he was driving, if it was not his. She also needs to take a very strong position with her health insurance company and the hospital. At very least, she should find a hospital which will treat her under Medicaid.
Answered on Nov 19th, 2013 at 6:20 PM
1 Award
If your sister did not have automobile insurance when the accident took place, she may have a difficult time being compensated for her injuries. If she had automobile insurance, then her uninsured motorist coverage of that insurance would compensate her for everything she would have received if the driver had carried automobile liability insurance at the time of the accident.
Answered on Nov 04th, 2013 at 3:45 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I don't understand. she has "medical"you mean she has med pay coverage? If so, what is the problem with getting care? call a dr or a clinic, get the care you need.if the dude who hit her has no insurance, does he have any assets? Real estate, stocks, bonds, (unlikely) people who refuse to buy insurance usually are worthless.
Answered on Oct 31st, 2013 at 7:43 AM
Lisa Hurtado McDonnell
You can sue him personally if he has any assets.
Answered on Oct 31st, 2013 at 7:32 AM
Workers Compensation Attorney serving Shreveport, LA
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The Law Office of Allen Cooper, LLC
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If your sister owns a car and has uninsured motorist insurance and/or medical payments insurance she can make a claim against her insurer. She can also sue the uninsured driver but this is less likely as a practical matter to result in a money recovery.
Answered on Oct 29th, 2013 at 2:49 PM
Ronald A. Steinberg
In Michigan, she would go to her own auto insurance (if she has any), for her No Fault Benefits, which would include medical payments for life, and up to 3 years for lost wages, medical mileage, and household replacement services. If she does not own an insured auto, then she would go against the insurance of a resident relative. If no insured resident relative, then against the car that hit her. If the car is not insured, then she would file an application with the Michigan Assigned Claims Facility, and she would be provided with insurance to cover those No Fault Benefits. The insurance company would sue the owner AND the driver of the uninsured vehicle, and both of them would lose their drivers licenses.
Answered on Oct 29th, 2013 at 2:48 PM
James Eugene Hasser
If your sister has car insurance or if she is living in a household where someone has car insurance, she should have uninsured motorist coverage. She may also be entitled to coverage under the Victim's Relief Fund. Check with your agent or a lawyer on the insurance and with the District Attorney on the Fund.
Answered on Oct 29th, 2013 at 2:48 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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Does your sister either have her own auto policy or live with someone that has an auto policy? If so, she can make both a PIP claim for her medical bills and an Uninsured Motorist claim for her pain and suffering. I highly recommend that she hires an attorney to help her though this process. If you have any questions, please give me a call at the number below.
Answered on Oct 29th, 2013 at 2:47 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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I'm surprised at how many questions indicate they are Michigan questions, but don't seem to be, for in Michigan, as I have indicated in so many prior answers is a No Fault state as it relates to auto crash cases and it is ALWAYS YOUR OWN VEHICLE INSURANCE COMPANY that pays for wage loss, medical expenses and replacement services. It is NOT the insurer of the driver of the other car. Even if your sister didn't have a vehicle with insurance, she can still look to any insurer of any resident relative, or the owner of the other vehicle (if different than the driver) or the Michigan Assigned Claims Facility. So there is absolutely no reason that she will not be covered for 1st party benefits, which include the medical/surgical bills.
Answered on Oct 29th, 2013 at 2:46 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney to see what relief is available.
Answered on Oct 29th, 2013 at 2:45 PM
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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She may still have a claim against the driver even if he did not have auto insurance. She may also have a claim under her own auto insurance policy. You should schedule a free consultation with an attorney to discuss your case in greater detail to determine what causes of action you may have, what sources of recovery may be available to you and to determine what value the case may be worth.
Answered on Oct 29th, 2013 at 2:44 PM