What should I do if I was rear-ended and the driver has no insurance? How? 18 Answers as of August 17, 2015

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?

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Ty Wilson Law | Ty Wilson
You should speak with a Georgia personal injury attorney. If the other driver is uninsured, you should look at your uninsured motorist coverage. If the other driver did not have insurance and you did not have uninsured motorist coverage, then you have not insurance. You can sue the other driver however, with no insurance the chances of recovering anything are greatly diminished. Good luck.
Answer Applies to: Georgia
Replied: 8/17/2015
Law Office of Mark J. Leonardo
Law Office of Mark J. Leonardo | Mark Leonardo
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.
Answer Applies to: California
Replied: 8/17/2015
Gregory S. Shurman, LLC
Gregory S. Shurman, LLC | Gregory S Shurman
You should check your auto policy for "uninsured motorist" coverage. If you have it, your auto insurance will cover you.
Answer Applies to: Georgia
Replied: 8/17/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
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.
Answer Applies to: Michigan
Replied: 8/17/2015
End, Hierseman & Crain, LLC | J. Michael End
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.
Answer Applies to: Wisconsin
Replied: 8/14/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    You file an uninsured claim with your own insurance company, Consult with lawyer.
    Answer Applies to: New York
    Replied: 8/14/2015
    Law Ofices of Edwin K. Niles | 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.
    Answer Applies to: California
    Replied: 8/14/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    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.
    Answer Applies to: Wisconsin
    Replied: 8/14/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    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).
    Answer Applies to: Michigan
    Replied: 8/14/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Make an uninsured motorist claim on your policy. Good luck.
    Answer Applies to: Alabama
    Replied: 8/14/2015
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    You must clarify whether you have coverage for an uninsured motorist, and you might also find coverage on other vehicle owner.
    Answer Applies to: Colorado
    Replied: 8/14/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    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).
    Answer Applies to: Illinois
    Replied: 8/14/2015
    The Medler Law Firm LLC | John Medler
    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.
    Answer Applies to: Missouri
    Replied: 8/14/2015
    The S.E. Farris Law Firm
    The S.E. Farris Law Firm | Spencer E. Farris
    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.
    Answer Applies to: Missouri
    Replied: 8/14/2015
    Daniel Szalkiewicz & Associates, P.C.
    Daniel Szalkiewicz & Associates, P.C. | Daniel Szalkiewicz
    Does his mother have insurance? You can still sue.
    Answer Applies to: New York
    Replied: 8/14/2015
    Harris Law Firm
    Harris Law Firm | David Harris
    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.
    Answer Applies to: Florida
    Replied: 8/14/2015
    Russell and Lazarus
    Russell and Lazarus | Marc Lazarus
    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.
    Answer Applies to: California
    Replied: 8/14/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    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.
    Answer Applies to: Montana
    Replied: 8/14/2015
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