QUESTION
What compensation will I get from my insurance company if I got into a car accident and the other driver does not have an insurance?
Asked on Mar 07th, 2013 on Personal Injury - Georgia
More details to this question:
A police report was filed. I have full coverage insurance. How can I legally follow up with my insurance company to get compensated for the days I missed at work, distress, additional therapy, car replacement, time etc.?
14 ANSWERS
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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In this case, you open claim under your own insurance policy, under the uninsured motorist portion of coverage. Then you go about proving your losses just as you would another person's insurance company. That is why insurance companies provide uninsured motorist coverage.
Answered on Mar 11th, 2013 at 8:25 PM
That all depends on your insurance policy. Call your insurance agent and demand that he or she handle the claim.
Answered on Mar 08th, 2013 at 11:30 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Your own insurer always pays Personal Injury Protection (PIP) benefits. These consist of wage loss, medical treatment expenses and replacement services. If you have a serious injury/disfigurement, then usually you would sue the other owner and driver. If they both have no insurance, then you can make an Uninsured Motorist Claim vs. your own insurer IF you purchased UM coverage (it is optional).
Answered on Mar 08th, 2013 at 2:59 PM
Civil Litigation Attorney serving Fort Lauderdale, FL
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Angelo "Tony" Marino, Jr., P.A.
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In Florida, medical and lost wages with PIP, and if you have UM (Uninsured motorist coverage) a claim for pain and suffering and other damages if you have a permanent injury.
Answered on Mar 08th, 2013 at 9:35 AM
Ronald A. Steinberg
If and only if you have Uninsured Motorist Coverage can you get pain and suffering money from your own insurance company. If you are in Michigan, your insurance company must pay your medical bills, lost wages, household replacement services, medical milage, etc. but I do not know what the law is in any other state.
Answered on Mar 08th, 2013 at 12:47 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If the adverse driver has no coverage and if you have uninsured motorists coverage (if you don't know ask your agent. he will know) if you have genuine injuries and genuine doctor bills related to the collision your own company will treat you like any other claimant. Don't talk about stress or distress. You get comped for hard medicals not hurt feelings.
Answered on Mar 08th, 2013 at 12:25 AM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If you have PIP medical and work loss you can recover from your own insurance company. If you have UIM coverage on your vehicle, you can recover your damages from your own insurance company. [PIP is Personal Injury Protection] [UIM is Uninsured/underinsured insurance].
Answered on Mar 08th, 2013 at 12:04 AM
Edwin K. Niles
Full coverage is a meaningless term. Do you have uninsured motorist coverage? If so, you can proceed against your company as if they covered the other driver.
Answered on Mar 07th, 2013 at 11:33 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Notify them that you are filing a claim under your uninsured coverage. You can sue the other driver and your uninsured coverage will cover it as if it were the other driver's insurance.
Answered on Mar 07th, 2013 at 11:24 PM
Christian Joseph Menard
You should have uninsured motorist coverage which should cover all your damages suffered up to your policy limits. Advise your carrier that you want to make a claim under your UM coverage. Once your carrier is satisfied that the responsible party has no insurance, they should step up to the plate. Be cautious because at that time, your carrier becomes, in essence, your adversary. Because they are responsible for all damage caused by the responsible party, your carrier will try to reduce, or low ball, you, on the full extent of your damages. Your carrier will have available all defenses the responsible party would have. Normally, your carrier will require you to file a lawsuit against the responsible party. If your carrier waives this requirement, get it in writing! If they offer a settlement which you feel is too low you have a right to seek binding arbitration. The award rendered by the arbitrator is binding on you and your carrier.
Answered on Mar 07th, 2013 at 8:58 PM
Monica Cecilia Castillo-Barraza
Depends if you have uninsured motorist coverage on your policy and who was at fault.
Answered on Mar 07th, 2013 at 8:57 PM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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As long as you have uninsured motorist coverage, you can seek damages for lost wages, medical treatment, pain & suffering, etc., from you insurance carrier.
Answered on Mar 07th, 2013 at 8:48 PM
James Eugene Hasser
Send the accident report and tell your insurance company that the other driver doesn't have insurance. Tell them about your injuries and damages. They'll set up an uninsured motorist claim and assign an adjuster to handle all that with you.
Answered on Mar 07th, 2013 at 8:43 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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For your auto damage, your collision coverage should handle. For your bodily injuries your uninsured motorist coverage should handle.
Answered on Mar 07th, 2013 at 8:33 PM