QUESTION
What should I do if I was rear-ended and the driver has no insurance? How?
Asked on Aug 14th, 2015 on Personal Injury - California
More details to this question:
I was rear-ended when I was stopped at a traffic light, but driver does not have insurance, and the registration reflects his mother has the owner of the vehicle that struck me. My insurance is covering medical and vehicle repair (over $4,000). My wife (pregnant) was transported by an ambulance to the hospital. My wife and I are under therapy. What should I do?
15 ANSWERS
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Your own policy hopefully has uninsured motorist coverage. If so, the lowest limit of coverage you would have is $15,000. It usually matches your liability coverage. I tell clients all of the time that the uninsured/underinsured motorist coverage is the most important one to have if you get into a serious accident. Hopefully your wife had an ultrasound to ensure the baby is okay. We have had clients in our office where the baby was injured from the seat belt in an accident. You can still retain an attorney to deal with your own insurance company on this matter. If you don't, the carrier will undoubtedly take advantage of you because that's what they do for a living and this is all new to you.
Answered on Aug 17th, 2015 at 9:58 AM
Ronald A. Steinberg
If you were wise enough to have uninsured motorist coverage, you claim against your own policy, and then let your company go after the other driver. Otherwise you have to sue him yourself.
Answered on Aug 17th, 2015 at 1:37 AM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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You should check your auto policy for "uninsured motorist" coverage. If you have it, your auto insurance will cover you.
Answered on Aug 17th, 2015 at 1:36 AM
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Your own automobile uninsured motorist coverage will pay all of your damages and your wife's damages, up to the limit of your coverage. That includes damage for pain and suffering, impairment of earning capacity, and medical expenses.
Answered on Aug 14th, 2015 at 6:10 PM
Edwin K. Niles
1. Review your policy to see if you have uninsured motorist (UM) coverage. 2. If none, you can always sue the other driver and owner, but most lawyers are reluctant to take such a case as the chances of recovery are slim.
Answered on Aug 14th, 2015 at 4:22 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You could sue the wrongdoer individually but many people who cause accidents don't have enough non-exempt assets to make a lawsuit worthwhile. I assume you are using your Uninsured Motorist provisions of your own insurance policy. Some states have Safety Responsibility Laws which permit the aggrieved driver to get a ruling that suspends the wrongdoer's driver's license until s/he works out a payment plan with you. Insurance companies use this kind of law a lot: check with your own company who my be able to tell you about the rules in your state of residence.
Answered on Aug 14th, 2015 at 3:51 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You can see if the mother had insurance for as the owner of the vehicle, she is also responsible when the vehicle is negligently operated per the MI Owner's Liability statute. Of course, she needed to have given permission for the use vs. the son having "stolen" the vehicle. Typically you would find out if the vehicle was insured by contacting the driver or the owner and having them find out or them provide you with proof of insurance or them having their insurance agent and/or claims rep. advise as to whether there was coverage. If they refuse to speak with you, you'd likely need to hire counsel and sue, in which case they must tell you if there is coverage per MI discovery rules. In addition, if they don't have insurance, or their insurance policy limits are too low to compensate you and/or your wife and/or your unborn baby for injuries, then you would want to review your own auto policy to see if you purchases Uninsured and/or Underinsured Motorist coverage (which then "stands in the shoes" of the other owner/drivers coverage).
Answered on Aug 14th, 2015 at 3:34 PM
James Eugene Hasser
Make an uninsured motorist claim on your policy. Good luck.
Answered on Aug 14th, 2015 at 2:55 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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If the other driver had no insurance, you would be able to make an uninsured motorist claim against your insurance company. If you are able to prove that the other driver caused the accident, and that they were uninsured, your insurance company would provide coverage (assuming you have uninsured motorist coverage).
Answered on Aug 14th, 2015 at 2:54 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Your auto policy should have uninsured motorist coverage unless you went for the lowest legal limit and waive UI coverage. If you did, you are self-insured or try your health insurance.
Answered on Aug 14th, 2015 at 2:33 PM
You may pursue Uninsured Motorist (UM) benefits from your own insurance carrier if you did not reject that coverage. With UM, your own carrier stands in the shoes of the at-fault driver.
Answered on Aug 14th, 2015 at 2:33 PM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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Hire your own attorney. He will investigate a claim against the uninsured driver, and help you recover your damages from your insurance company in the mean time if need be. Typed one finger style. Hunted and pecked.
Answered on Aug 14th, 2015 at 2:32 PM
Libel & Slander Attorney serving New York, NY
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Veridian Legal P.C.
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Does his mother have insurance? You can still sue.
Answered on Aug 14th, 2015 at 2:32 PM
Car Accidents Attorney serving Newport Beach, CA
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Russell & Lazarus
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If you have uninsured motorist coverage, then your insurance company will cover those damages which you can prove were caused by the uninsured motorist up to the uninsured motorist policy limit.
Answered on Aug 14th, 2015 at 2:31 PM
Personal Injury Attorney serving Irvine, CA
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You need to contact a personal injury lawyer. If you have auto insurance for your own vehicles, then you automatically have "Uninsured Motorist" coverage of at least $25,000 (and you may have a higher amount). Uninsured Motorist Coverage, or UM, covers two scenarios: (1) your accident is caused by the negligence of a hit-and-run or phantom driver who drives off and you never get his information; and (2) your accident is caused by a known person, but he has no insurance (your scenario). So you would make a claim for your personal injuries under your UM coverage against your OWN auto insurer. It is better to do this with an experienced personal injury lawyer. Also, if the car is registered in the name of the mom, then it is possible that the mom has insurance, and could be liable for negligently entrusting the vehicle to her child.
Answered on Aug 14th, 2015 at 2:31 PM