Hit by uninsured drunk driver... How much can I ask from my auto insurance company ?

Question

Should I get a lawyer??? This was the womens 2nd DWI offence in two days!! She was driving someones elses uninsured car and totalled mine.My daughter and I were hurt, not seriously yet...She had a head concussion.I had the air bag burns and total body aches for both of us.
I have 101,000 for each person for BODILY INJURY
301,000 each accident under bodily
101,000 for property damage ( Less 250.00 deductiable)

Answer 1

First of, lets clear something up. I know it was dramatic to get hit by someone.. but that fact that they were drunk has absoluetly nothing to do with how injured you are and how much money you should receive.

Next, your bodily injury covers any injury another person incurs because of an accident you caused- it gives no money to you whatsoever.

Second, property damage is non-negotiable- you will get the amount it cost to repair your vehicle or the actual cash value of the vehicle if its totalled.

So unless you have uninsured motorist coverage- your screwed. Depending on your state you may have "personal injury protection" on your policy which pays part of your medicals- and nothing more.

The only thing you could do is sue the driver personally for the remaining medicals bills but good luck getting much- im assuming she probably wont have many assets for you to even go after.

Answer 2

1

Answer 3

Here's some free advice: Rica82 is telling you to do something illegal. It's dirtbags like her that cause insurance rates to skyrocket. Second, a claims adjuster will see right throught that $hit in about two seconds, so save your energy. Your insurance coverage will only pay meds, they owe NOTHING to you. A lawyer will only take your money. Who are you going to sue? A loser drunk with no assets or your insurance company that can only pay what the terms of your policy dictate?
And what is this crap about you are not seriously hurt 'yet'? Are you expecting some sort of delayed reaction? I know you are mad but trying to scam your own company out of some cash will only bring you misery. There are lots of just plain sorry fools out there and you happen to be a victim of one. Thank God your daughter is alive, not paralized, blind or on life support, etc. Everything else are just things, dude. You can always get more stuff so take an Advil, go hug your daughter and focus your anger toward your state lawmakers passing better laws against drunk drivers if you must. That way, we ALL benefit.

Answer 4

LIABILITY/UNINSURED MOTORIST BODILY INJURY
Portion of an auto insurance policy that covers injuries the policyholder causes to someone else or:
Portion of the policy that covers the policyholders medical bills if hit by an uninsured motorist.

You have 2 choices. You can either:

1) Sue the uninsured driver (but, most uninsured drivers are insured due to lack of funds so sueing them will only increase your costs.)

2) Let your insurance company pay for your medical bills. They will pay the medical bills directly and only the medical bills. You will never see any money unless you pay some medical bills and have to be reimbursed.

Cheap Car Insurance: http://www.insureme.com/landing.aspx?Refby=614996&Type=auto
(91% report saving money after getting multiple quotes)
Ron @ InsureMe

Answer 5

You can hire a lawyer, but unfortunately you don't get compensated based on what the other driver was doing. You get compensated for injuries you sustained.

You wrote that you are not seriously injured yet. I work for a personal injury firm. You must prove your injuries and I'll tell you how if you want to get money.

1) Go see a chiropractor asap. See him at least 3/week until he discharges you and your daughter.
2) Go see a TMJ physician now. I'm assuming the airbag opened in your face. You can have jaw problems that you don't know about. Like if you have constant headaches. If you hear a clicking in your jaw when you open it up. Just find one and go for a visit. If there isn't anything there, then you won't have to see him again.
3) Go see a Neurologist. Have the Neurologist perfrom EMGNCV tests. That's nerve testing to see if there were any nerves damage.
4) Get an MRI of your cervical and lumbar done. (That's your neck and back). MRIs are really the only thing that can prove that you are injured. So without them, there's no proof. Your chiropractor must refer you, but you can ask him to.

Now in your case, you wouldn't be going through your own bodily injury coverage. You would be going through your uninsured motorist coverage. Its usually the same.

You must prove your injured to recover any money. So her being drunk is completely irrelevant. That is just part of the liability portion.

Answer 6

well if she was driving under the influence has nothing to do with the amount of money you will ask in your claim , you had to have uninsured motorist cover in your insurance in order for you to have a claim otherwise you have nothing to do with your insurance , you can sue directly to the women but you know it has no probability that has something to pay you. Good luck!!

Answer 7

If what you've listed is under bodily injury and propert damage - you can't claim that. Its for the people you hurt.

If what you've listed is under unisured bodily injury or unisured property damage - they you're insurance will pay.

If you do not have uninsured bi/pd, then you can take the driver AND the owner to court to sue for damages.

Answer 8

Good luck trying to get more than your medical bills and the value of your car out of your company.
That is why you have uninsured motorist coverage, just to take care of necessities, it isn't like you struck gold.
I doubt you can do anything but friendly negotiation with them. Forget trying to sue your insurance. They got better and smarter lawyers than the guy you pick out of the phone book.

Answer 9

Generally speaking, they will make the check out to you but they may want to make the check out to the auto body shop. Since this is not your own insurance company, I would imagine it would not be too hard to get the insurance company to make a check out to you. Good luck to you! Jason

Answer 10

I agree, not much. What your claim is worth depends on a lot of factors you didn't include. You won't get more just because of the DUI or the fact that it's a UM claim.