Can I do something if I was rear-ended by driver who does not have auto insurance? 14 Answers as of August 19, 2015

The driver who rear-ended our car does not have insurance and the registration paperwork reflects that his mother is the owner of the vehicle. My wife and I are going to physical therapy for treatment of our injuries. My insurance is covering medical and vehicle repair, and that amount is over $4,000. On top of that, we had to get an ambulance to rush my wife, who is pregnant, to the nearest hospital. Who is liable for the expenses?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
The other driver and owner are responsible, but without insurance good luck. Check your policy to see if you have uninsured motorist (UM) coverage.
Answer Applies to: California
Replied: 8/19/2015
Law Offices of Richard M. Levy P.C.
Law Offices of Richard M. Levy P.C. | Richard M. Levy
Your no fault insurance should cover your medical bills and the uninsured portion of your car insurance should cover the "pain and suffering" of your injuries. You can sue the other driver and vehicle owner directly in small claims court for your car damage.
Answer Applies to: New York
Replied: 8/18/2015
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
Same answer as before. Check to see if the mother/owner had insurance, just because the son didn't, doesn't mean the mother didn't. If no insurance, do you have Uninsured Motorist coverage, if so it acts like the coverage that the other owner/driver should have had.
Answer Applies to: Michigan
Replied: 8/18/2015
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
You should have uninsured motorist coverage on your policy. If you don't, your agent sold you too cheap insurance. More than 20% of Montana drivers don't have the required liability insurance of $25,000 which won't cover 3 days in intensive care.
Answer Applies to: Montana
Replied: 8/18/2015
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
Do you have uninsured motorist on your policy? You should talk to an attorney about it.
Answer Applies to: Alabama
Replied: 8/18/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    File an uninsured motorist claim with your insurance company. Good luck.
    Answer Applies to: Alabama
    Replied: 8/18/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    You make a claim against your own auto insurance if you have uninsured motorist coverage. If not, you have to sue the other driver and owner, and then find a way to get at their assets to turn the judgment into cash.
    Answer Applies to: Michigan
    Replied: 8/18/2015
    Ty Wilson Law | Ty Wilson
    You have a claim however it maybe with your uninsured motorist coverage. You purchase this type of coverage because you can never control who hits or wrecks into you. This coverage is to protect you from uninsured motorist. If you do not have this coverage you may not have insurance coverage on your wreck. If you have no insurance coverage you can attempt to sue the person who hit you, however you are not likely to recover money on any judgment. If you do not have uninsured motorist coverage you will be responsible once the insurance tenders their limits on your medical payments coverage. If you have uninsured motorist coverage it is recommended you use it. Your insurance can raise your rates when you are at fault and not supposed to when it is someone else's fault as in your situation. A Georgia personal injury attorney should be able to help you do this rather easily. Good luck.
    Answer Applies to: Georgia
    Replied: 8/18/2015
    Gates' Law, PLLC | Thomas E. Gates
    You should let the insurance company handle the matter. If you do want to sue, retain a personal injury attorney.
    Answer Applies to: Washington
    Replied: 8/18/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Certainly the drive and owner of the other car would be responsible even without insurance, but the best approach is to make a claim under your uninsured motorist coverage that will have in your policy. You should retain an attorney to properly build your case and deal most effectively with the insurance company and file suit if needed. You are entitled to medical bills, lost wages and pain and suffering and any permanent impairment.
    Answer Applies to: Connecticut
    Replied: 8/18/2015
    Gregory S. Shurman, LLC
    Gregory S. Shurman, LLC | Gregory S Shurman
    The driver of the vehicle that caused the accident is liable for your injuries. However, often times individuals are difficult to collect from. You should check your auto policy and see if you have "uninsured motorist" coverage. If you do, your insurance will "stand in the shoes" of the offending motorist and will compensate you for your injuries. Your automobile insurance company can then choose to pursue reimbursement from the offending motorist. I hope this helps.
    Answer Applies to: Georgia
    Replied: 8/18/2015
    Stephens Gourley & Bywater | David A. Stephens
    You can sue the driver and the driver's mother in that she owned the car. You can also make a claim against your own insurance if you carry uninsured motorists coverage.
    Answer Applies to: Nevada
    Replied: 8/18/2015
    Walpole Law | Robert J. Walpole
    The driver is legally responsible, but you can sue the owner-mother for negligent entrustment. You can still sue these people even if there is no insurance. Recovering any money then becomes a problem.
    Answer Applies to: Oklahoma
    Replied: 8/18/2015
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    It sounds like you have your own insurance policy. Assuming that is the case, your auto policy has a benefit called Uninsured Motorist Coverage. This protects you when you are hit by an uninsured driver. So your insurance company will cover you for your medical bills, lost wages, and any pain and suffering.
    Answer Applies to: Oregon
    Replied: 8/18/2015
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