I was hit by a drunk driver, can I still get money from his insurer? 3 Answers as of February 15, 2012

I was hit by a drunk driver. He was at fault, he had full coverage insurance and he was arrested on the scene. My vehicle was registered but not insured. Will his particular insurer pay me for damages done to my vehicle? Also, at the time of the accident I felt no pain and the officer(s) on the scene asked if I needed medical attention and I said "no". I only said no because my adrenalin was rushing and I felt no pain, but no more than an hour and a half later I had severe pain in my shoulder and arm. I then went to the ER and they checked me out and they medicated me and sent me on my way. Is there anything more I should do?

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Law Offices of George H. Shers | George H. Shers
The only effect his being drunk might have, aside from making liability even cleared, is that if convicted of a felony you are also entitled to any reasonable attorney fees you incur.? However, since you were not insured, you can only collect so called economic damages which include property damage, loss of use, medical bills, wage loss, etc. You can not collect for pain and suffering. You should be able to quickly settle with the insurance company once you do not need any further medical treatment. They will settle your car damage claim now, separately [to avoid rental car expenses; do not accept the limit on the daily charge they allow their own insureds but rather the actual cost or reasonable cost until your car is back to you repaired. If you an live with the body damage to the car, you can be paid for the amount repairs would cost even though you do not have it repaired.
Answer Applies to: California
Replied: 2/15/2012
Attorney at Law | Dorinda Ohnstad
Yes, seek an attorney who can work with the driver's auto insurance to get coverage for your property loss and personal injuries sustained.
Answer Applies to: California
Replied: 2/15/2012
Gilbert & Bourke, LLP | Brian J. Bourke
If this claim is in California, normally if you do not have insurance, your damages are limited to economic damages, such as medical bills, lost wages, etc. However, if the other driver is convicted of driving under the influence, then your damages are not limited. Consult an attorney right away.
Answer Applies to: California
Replied: 2/15/2012
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