Q.
A while ago, I was seriously injured while driving due to the other driver's mistake and had to be taken to the emergency room in an ambulance.
Currently, I am unable to go to work due to my injury and am not receiving a salary.
In addition to these financial difficulties, I am also receiving a medical bill of $50,000 from the hospital, and I am at a loss as
to what to do. Unfortunately, the other driver did not have car insurance.
Is there any way I can get compensation for the damages I suffered as a result of the accident I saw?
A.
Legally, the driver who causes an accident is liable for the injuries of the other driver who is injured.
If the driver who causes the accident has auto insurance, his insurance will pay for the injuries of the other driver.
However, in cases like this one, where the driver who caused the accident does not have insurance, he or she must personally compensate the other party for the injuries sustained.
If the uninsured driver offered to pay $100,000 for your injuries, that would be the end of it, but
studies show that many uninsured drivers are unemployed, have low-income jobs, and have no assets.
Even if you sue this uninsured person, it would be meaningless because you would not be able to receive compensation from the defendant.
If the injured driver has private health insurance, it may be able to pay for medical expenses, but health insurance only pays for treatment resulting from an accident, so you will not be entitled to compensation for lost wages or pain and suffering.
Additionally, typical insurance contracts have deductibles and co-pays/deductibles, and also have limits on the types of treatment covered.
In addition to the limitations of private health insurance as mentioned above, you will need to review your insurance specifically to receive maximum compensation for accidents.
If your auto insurance policy includes Uninsured Motorist (UM) coverage, you
may be entitled to compensation for injuries sustained by an uninsured driver.
The specific scope of compensation will be up to the UM insurance limit, including compensation for hospital treatment costs, unpaid wages, and pain and suffering.
For example, if your UM insurance limit is $100,000, you can receive compensation for hospital treatment costs, unpaid wages, and pain and suffering up to $100,000.
However, if your UM limit is $30,000, you will incur an excess loss amount and it will all be your share.
UM insurance also applies when the driver who caused the accident has auto insurance, but the insurance amount is not sufficient to pay the full amount of damages.
For example, in the above case, if the driver who caused the accident has a $15,000 limit on his insurance, the victim's $50,000 in hospital bills, unpaid wages, and pain and suffering will be insufficient to compensate him. In this case,
if the victim has $100,000 in UM insurance, he will be able to receive $15,000 from the underinsured driver, plus an additional $85,000 (15,000 minus $100,000) through his UM insurance.
Please note that you do not necessarily need to be a driver or passenger to benefit from UM insurance.
It applies if the person who injured you is uninsured or has less than adequate insurance coverage, even if they were a pedestrian, a bicycle rider, a motorcyclist, or a passerby.
One-third of drivers in the state are uninsured or underinsured.
This is why you should never give up on UM insurance, and it would be wise to purchase as much UM insurance as possible to ensure adequate compensation for damages. (For reference, we recommend a minimum UM insurance limit of about $100,000 per person.)
As a lawyer, I feel sorry for the many people who suffer physically and financially due to accidents caused by uninsured or underinsured drivers, and I feel that I cannot emphasize enough the importance of UM insurance.
Because, although it is a small investment, the effect can be a hundred or a thousand times greater.
Q.
A while ago, I was seriously injured while driving due to the other driver's mistake and had to be taken to the emergency room in an ambulance.
Currently, I am unable to go to work due to my injury and am not receiving a salary.
In addition to these financial difficulties, I am also receiving a medical bill of $50,000 from the hospital, and I am at a loss as
to what to do. Unfortunately, the other driver did not have car insurance.
Is there any way I can get compensation for the damages I suffered as a result of the accident I saw?
A.
Legally, the driver who causes an accident is liable for the injuries of the other driver who is injured.
If the driver who causes the accident has auto insurance, his insurance will pay for the injuries of the other driver.
However, in cases like this one, where the driver who caused the accident does not have insurance, he or she must personally compensate the other party for the injuries sustained.
If the uninsured driver offered to pay $100,000 for your injuries, that would be the end of it, but
studies show that many uninsured drivers are unemployed, have low-income jobs, and have no assets.
Even if you sue this uninsured person, it would be meaningless because you would not be able to receive compensation from the defendant.
If the injured driver has private health insurance, it may be able to pay for medical expenses, but health insurance only pays for treatment resulting from an accident, so you will not be entitled to compensation for lost wages or pain and suffering.
Additionally, typical insurance contracts have deductibles and co-pays/deductibles, and also have limits on the types of treatment covered.
In addition to the limitations of private health insurance as mentioned above, you will need to review your insurance specifically to receive maximum compensation for accidents.
If your auto insurance policy includes Uninsured Motorist (UM) coverage, you
may be entitled to compensation for injuries sustained by an uninsured driver.
The specific scope of compensation will be up to the UM insurance limit, including compensation for hospital treatment costs, unpaid wages, and pain and suffering.
For example, if your UM insurance limit is $100,000, you can receive compensation for hospital treatment costs, unpaid wages, and pain and suffering up to $100,000.
However, if your UM limit is $30,000, you will incur an excess loss amount and it will all be your share.
UM insurance also applies when the driver who caused the accident has auto insurance, but the insurance amount is not sufficient to pay the full amount of damages.
For example, in the above case, if the driver who caused the accident has a $15,000 limit on his insurance, the victim's $50,000 in hospital bills, unpaid wages, and pain and suffering will be insufficient to compensate him. In this case,
if the victim has $100,000 in UM insurance, he will be able to receive $15,000 from the underinsured driver, plus an additional $85,000 (15,000 minus $100,000) through his UM insurance.
Please note that you do not necessarily need to be a driver or passenger to benefit from UM insurance.
It applies if the person who injured you is uninsured or has less than adequate insurance coverage, even if they were a pedestrian, a bicycle rider, a motorcyclist, or a passerby.
One-third of drivers in the state are uninsured or underinsured.
This is why you should never give up on UM insurance, and it would be wise to purchase as much UM insurance as possible to ensure adequate compensation for damages. (For reference, we recommend a minimum UM insurance limit of about $100,000 per person.)
As a lawyer, I feel sorry for the many people who suffer physically and financially due to accidents caused by uninsured or underinsured drivers, and I feel that I cannot emphasize enough the importance of UM insurance.
Because, although it is a small investment, the effect can be a hundred or a thousand times greater.