me and my family was involved in a head on collision. a uninsured motorist hit us.his fault. we had broken bones and post tramatic stress syndrome. the insurance co wants to settle. and no use taking the person to court. 18 and no job. should we settle w/ insurance co or wait to see if we could sue jobless kid. and if we do settle what kind of settlement should we seek?
2006-11-23 13:57:01 · 5 answers · asked by Luvbuz01 5 in Cars & Transportation ➔ Insurance & Registration
Well I guess it would depend on the settlement. Will it be enough to help cover your family medical expenses already incurred as well as the cost of future therapy? Will you be reimbursed for time missed from work? This happened to my brother and the little old granny that hit him and his wife didn't have insurance either. Their insurance company told them they had to settle. Take it or leave it. They almost took it...but they found out that they had the option to sue their insurer for further damages. And, did the guy have insurance to begin with that he just let drop? Or did he get kicked off his parents insurance when he was 18. Either way, the insuance company is supposed to report motorists who do this to the DMV. There may be a way to get the driver and the insurance company. And if he had one before and they didn't let anyone know he had dropped his coverage then I'm pretty sure they are liable as well.
The main thing is that you and your family are still both alive and I'm grateful for that but you're probably more grateful. The PTS is tought to deal with (personal experience). What makes it worse is having to deal with all the additional paper work and red tape and that takes time and money, both of which you may not have right now.
You're in my thoughts and I wish the best for you.
Cadence
2006-11-23 14:05:00 · answer #1 · answered by Anonymous · 15⤊ 1⤋
I was also hit by an uninsured driver, his fault.
At this time, you do not know the long term affect of any of the injuries or any post traumatic affects that any of you may have.
Have a frank discussion with your ins - it seems that the other guy probably cannot pay for his damages resulting from the accident. In Ontario, the payments must then be made from special funds administered by the government, or from the uninsured motorist coverage of the claimant's insurance policy.
But he's not off the hook yet as he is still responsible for the payments made. Plus, his driver's licence may be suspended until he's made arrangements to repay the amount paid out on your behalf. So, every year when he renews his licence plate sticker, he'll need to file a certificate with the Ministry of Transportation (Ontario only) declaring that he has the required minimum amount of automobile insurance coverage
Get all your information when seeking legal advice as your case appears to have a large medical component. I do not know what type of ceverage and the maximums in place in your juridication, so get this info first. Plus, soft tissue and trauma type of injuries (head, neck and shoulder soft tissue as well) could be a much lengthier healing time than broken bones.
Sorry for going on, but I hope this helps..
2006-11-23 14:54:49 · answer #2 · answered by Monica 2 · 12⤊ 1⤋
No one can tell you what kind of settlement to seek. That's for your attorney to deal with. You must settle with the insurance. If it's available to you you have to do it that way. Then the insurance can decide if they will pursue the other person.
2006-11-24 05:34:22 · answer #3 · answered by Chris 5 · 12⤊ 1⤋
I WILL RECOMEND YOU TO SETTLE WITH THE INSURANCE
CO. AND DON'T BOTHER TO TAKE THIS KID TO COURT YOU WON'T GET A PENNY OUT FROM HIM TRUST ME YOU WILL WASTE YOUR TIME
GOOD LUCK HOPE YOU AND YOUR FAMILY GET BETTER
JD.
2006-11-23 17:40:50 · answer #4 · answered by JD. the nice guy 2 · 12⤊ 1⤋
your uninsured motorist covers it, you'll have to sue your own company :(
2006-11-23 13:59:57 · answer #5 · answered by Anonymous · 14⤊ 1⤋