What can be done if a person was hit by a car owned by a guy who do not have an insurance? 19 Answers as of November 19, 2013

My sister was walking back from dropping her 8 month son off and was crossing a crosswalk when a car slammed into her, she flipped over the car, broke her pelvis in 2 places and a compound fracture of her right arm. We have the guys information and the police wrote out a report but apparently the guy has no insurance at all. My sister only has medical and the hospitals keep sending her home without surgery or anything even tho she cant move an inch or use the restroom. What can be done in this type of situation? How can my sister get help?

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Durham Jones & Pinegar | Erven Nelson
You sister can and should sue the man who hit her, and get a judgment. The issue will be collecting it, and that will depend on his assets and income. She should also look into suing the owner of the car he was driving, if it was not his. She also needs to take a very strong position with her health insurance company and the hospital. At very least, she should find a hospital which will treat her under Medicaid.
Answer Applies to: Nevada
Replied: 11/19/2013
End, Hierseman & Crain, LLC | J. Michael End
If your sister did not have automobile insurance when the accident took place, she may have a difficult time being compensated for her injuries. If she had automobile insurance, then her uninsured motorist coverage of that insurance would compensate her for everything she would have received if the driver had carried automobile liability insurance at the time of the accident.
Answer Applies to: Wisconsin
Replied: 11/4/2013
Stephens Gourley & Bywater | David A. Stephens
You can sue him and make a complaint against his license and insurance with DMV for driving without insurance.
Answer Applies to: Nevada
Replied: 10/31/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
I don't understand. she has "medical"you mean she has med pay coverage? If so, what is the problem with getting care? call a dr or a clinic, get the care you need.if the dude who hit her has no insurance, does he have any assets? Real estate, stocks, bonds, (unlikely) people who refuse to buy insurance usually are worthless.
Answer Applies to: North Carolina
Replied: 10/31/2013
Belushin Law Firm, P.C.
Belushin Law Firm, P.C. | Vel Belushin
If he doesn't have insurance you would have to sue him personally if he has any assets. It also may be illegal for him not to have insurance.
Answer Applies to: New York
Replied: 10/31/2013
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    You can sue him personally if he has any assets.
    Answer Applies to: Utah
    Replied: 10/31/2013
    E. Ray Critchett, LLC
    E. Ray Critchett, LLC | Ray Critchett
    She may still have a claim against the driver even if he did not have auto insurance. She may also have a claim under her own auto insurance policy. You should schedule a free consultation with an attorney to discuss your case in greater detail to determine what causes of action you may have, what sources of recovery may be available to you and to determine what value the case may be worth.
    Answer Applies to: Ohio
    Replied: 10/29/2013
    Pete Leehey Law Firm, P.C.
    Pete Leehey Law Firm, P.C. | Pete Leehey
    If your sister owns a car, and has uninsured motorist coverage, that should provide coverage even though she was not in her car at the time.
    Answer Applies to: Iowa
    Replied: 10/29/2013
    The Law Office of Allen Cooper, L.L.C. | Allen Cooper
    If your sister owns a car and has uninsured motorist insurance and/or medical payments insurance she can make a claim against her insurer. She can also sue the uninsured driver but this is less likely as a practical matter to result in a money recovery.
    Answer Applies to: Louisiana
    Replied: 10/29/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    If your sister has car insurance or if she is living in a household where someone has car insurance, she should have uninsured motorist coverage. She may also be entitled to coverage under the Victim's Relief Fund. Check with your agent or a lawyer on the insurance and with the District Attorney on the Fund.
    Answer Applies to: Alabama
    Replied: 10/29/2013
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    If neither party had insurance, the only thing you can do is to report the person to the BMV / Secretary of State so their license is revoked.
    Answer Applies to: Illinois
    Replied: 10/29/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    In Michigan, she would go to her own auto insurance (if she has any), for her No Fault Benefits, which would include medical payments for life, and up to 3 years for lost wages, medical mileage, and household replacement services. If she does not own an insured auto, then she would go against the insurance of a resident relative. If no insured resident relative, then against the car that hit her. If the car is not insured, then she would file an application with the Michigan Assigned Claims Facility, and she would be provided with insurance to cover those No Fault Benefits. The insurance company would sue the owner AND the driver of the uninsured vehicle, and both of them would lose their drivers licenses.
    Answer Applies to: Michigan
    Replied: 10/29/2013
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    Does your sister either have her own auto policy or live with someone that has an auto policy? If so, she can make both a PIP claim for her medical bills and an Uninsured Motorist claim for her pain and suffering. I highly recommend that she hires an attorney to help her though this process. If you have any questions, please give me a call at the number below.
    Answer Applies to: Oregon
    Replied: 10/29/2013
    Law Office of Robert M. Turkewitz
    Law Office of Robert M. Turkewitz | Robert M. Turkewitz
    Your sister needs to check her own insurance and see if she has uninsured motorist coverage which may cover her injuries. She should hire an attorney to help her navigate the issues and maximize her recovery.
    Answer Applies to: South Carolina
    Replied: 10/29/2013
    Robert C. Slim - Attorney at Law
    Robert C. Slim - Attorney at Law | Robert C. Slim
    Did she have insurance of her own? If so, maybe she has uninsured motorist coverage. Also, the other driver may be hiding his insurance. It's rare, but I have seen it happen before.
    Answer Applies to: Texas
    Replied: 10/29/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    I'm surprised at how many questions indicate they are Michigan questions, but don't seem to be, for in Michigan, as I have indicated in so many prior answers is a No Fault state as it relates to auto crash cases and it is ALWAYS YOUR OWN VEHICLE INSURANCE COMPANY that pays for wage loss, medical expenses and replacement services. It is NOT the insurer of the driver of the other car. Even if your sister didn't have a vehicle with insurance, she can still look to any insurer of any resident relative, or the owner of the other vehicle (if different than the driver) or the Michigan Assigned Claims Facility. So there is absolutely no reason that she will not be covered for 1st party benefits, which include the medical/surgical bills.
    Answer Applies to: Michigan
    Replied: 10/29/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Get an attorney to see what relief is available.
    Answer Applies to: Michigan
    Replied: 10/29/2013
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