What do I do when the guy that almost got me killed in an accident had neither insurance nor money?

Question

October 13th, I let a friend of mine drive my car because I was almost asleep. He was drunk and had a suspended license for previous DUI but I did not know he skipped a stop sign and got me pretty much killed after a Ford 250 hit my Ford Focus right where I was sitting.  When the accident happened, I didn't wake up until five days after in a hospital. I had no idea why, I was in the hospital for nine days and I have a broken leg.  I'm unable to work. My face was also fractured completely inside. The guy that was driving had no insurance nor has any money and my medical bills are very expensive. I was the victim of a crime as the police put it down but I don't know what to do. I don't have the money to pay my medical bills. I'm 18 so it goes under my name. I feel like it's going to ruin my credit. I have to go to court to testify against him since he is going to jail. I'm very worried.  My bill is for $140,000.00. My car insurance covers $10,000 and my medical insurance covers 90% leaving me with $13,000 that I don't have.

Richard Damon · Answer

Use your uninsured motorist coverage and your own insurance company will pay you.

Ronald A. Steinberg · Answer

Where do I start?  You got into your car and allowed a drunk to drive it.  Under Michigan law, that would be considered negligence on your part, and so your claim against him would probably be lost, or discounted substantially as a result of your "comparative fault."  So, you probably would not get anything (or very little) for your claim for pain and suffering.  Under Michigan No Fault law, your medical bills, lost wages, household replacement services, medical mileage, and attendant care would be covered under your own auto insurance.  I know nothing about the law in other states.

Mark West · Answer

You should try to deal with the hospital and see if they will cut the bill.  Since they are getting more than 90% of it paid.  In California, there is a Victims of Crime Compensation fund against which you could make a claim, you can find it on the internet.  In addition, the criminal court could make your friend pay restitution as part of his penalty.  However, you could be found to be at least partly at fault for letting a drunk person drive.  The argument being, you should have pulled over somewhere safe and slept it off.  Did you have UM insurance on your vehicle?  That might be available to you.

Brett Rosenthal · Answer

Given that you permitted your friend to driver your car he would be an insured under your policy, but unfortunately you cannot recover under your own insurance. Believe your best bet is to speak to victim assistance through the DA's office and see if they will pay the portion of your medical bills that you are responsible for.

Matthew Kaplan · Answer

You need to look at your auto insurance policy for what is called underinsured motorist coverage.  Whatever your limit is on your policy, your insurance company should give that amount to you based on the facts your described.  Also because you are young, if you live with any of your parents, you might be able to get some coverage under their auto policy as well.

Paul Whitfield · Answer

You are lucky you have that much coverage of some kind and you are lucky you are not going to jail for aiding and abetting a drunk driver.

Richard Lowell · Answer

Hopefully, in addition to your PIP ($10,000) medical coverage, you also have Uninsured (UIM) motorist coverage. If so, you can make a claim against your own insurer; who is required to 'step into the shoes' of the uninsured driver; and pay that driver's share of responsibility to you - up to the policy limits.  Additionally, since this was a crime, you can talk to the prosecutor about having the judge enter an order against the uninsured driver to compensate you.  You may also be entitled to some 'victim compensation' benefits.  You should speak with a qualified personal injury attorney about these issues.

Christopher Kittell · Answer

If you have Uninsured Motorist ("UM") coverage as part of your insurance policy, you can recover from that.

David Stoddard · Answer

If you have insurance in South Carolina, you should have at least $25,000.00 in uninsured motorist coverage, as that is required.  Your uninsured motorist coverage will cover the uninsured driver's liability up to the amount of your coverage.  Ask your insurance agent for a copy of your insurance declarations page, which sets out all of your coverage.  Your uninsured coverage will have "UM" beside it.  The other coverages will be liability, and perhaps collision or "UIM", which is underinsured motorist coverage.

Kevin Habberfield · Answer

If this happened in NY, your car insurance covers $50,000. If he has no insurance, you can make a claim on your own insurance for uninsured motorist coverage up to whatever your policy limit is (must be a minimum of $25,000 in NY).

Timothy Howard · Answer

This sounds like a difficult case and certainly one where you will need legal counsel.  Insurance companies rarely settle cases involving passengers of drunk drivers unless you can prove you were not aware that he was intoxicated.  Our firm settled a wrongful death case recently involving similar facts but only after nearly a year of litigation.  I think you should seek counsel to discuss the specific facts of your claim.

Spencer Farris · Answer

Hire an attorney. Your insurance includes coverage fro damages caused by an uninsured motorist.

Eric Rothstein · Answer

Your no-fault insurance will cover medical bills up to $50,000. Be sure to submit the application within 30 days. You can sue the driver and your insurance will cover him. The downside to your case is the defense will say you knew (or should have known) he was drunk and therefore you are partly liable.

Michael Heilmann · Answer

Almost dying is not usually good enough. You should ask the Court in the criminal action to order restitution. The fact that he does not have insurance does not mean that he cant be sued; collecting it is a a different matter.

John J. Carney · Answer

When you make bad decisions there can be very bad consequences. You should never drive drunk or let anyone drive your car, especially if they are drunk or have a suspended license. He should have told you that he did not have a license, and you should have asked to see it since DWI is very common with young men. It would have been much cheaper to take a taxi, and if he had no money he would not be able to pay for an accident he caused and you did not have sufficient insurance. You should have bought a million dollar umbrella policy foe a few hundred dollars more a year, but you may be in a risk pool due to your age. You are lucky if oyu only owe $13,000 since the prosecutor can order him to pay that in restitution when he gets out of jail. I feel for your situation, I was also seriously injured by another person's negligence and there is nothing that I can do about it. Life is unfair sometimes and that is why we have to guard against accidents, avoid breaking the law, and choose our friends and associates very carefully.

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What do I do when the guy that almost got me killed in an accident had neither insurance nor money?

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