I am 17-years-old and three months ago i was in a car accident involving a drunk driver. I was on my way home from work, and the drunk driver went through a stop sign, hit the car door on my side, and put my car head on into a telephone pole. My car was totaled. The accident was clearly his fault, and he was charged.. with driving witout a licensee, failure to yield a stop sign, driving under the influence, and leaving the scene of an injured accident..... he unfortunatly did not have insurance, so of course, my insurance took all the crap... i did have uninsured motorist however; anyway, i got money for a car already, and money to pay off all my medical bills and everything, but nothing for missing work or pain and suffering yet.. about what can i expect for pain and suffering??? and who is going to be the one who sends me this money???
2007-08-05 17:49:31 · 9 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
You state that you have uninsured motorist (UM) coverage. That means that your insurance company will step into the shoes of the at-fault party and pay your injury claim.
There is no need to sue the other driver so don't listen to anybody who tells you that you need to do that.
Contact your claims adjuster and ask them how much UM coverage you have. You likely won't get the full amount so don't let yourself go nuts thinking you will get a huge check. It's too hard for us to give you an idea of what your settlement should be since we don't have any details about your injuries or the amount of med bills or lost wages.
Ask them what the Statute of Limitations (SOL) is. This is the day that you must have your claim settled by or you lose the right to collect any money.
Ask the adjuster what kind of documentation they need to process a UM claim for you. Most of the time, they will need a signed authorization to get copies of you medical records, lost wage info etc.
There is no need to get a lawyer up front to handle this for you. Provide all the documentation then get an offer from your company. If you don't get an offer that you like then you can consider getting a lawyer but in most cases they are not worth it. They will take 33% of your settlement for writing a couple of letters and making a few phone calls. Hardly worth it.
If settle while you are 17 the settlement check will be made out to your parents or to you and your parents. If you will turn 18 before the SOL date then wait until you turn 18 to settle. That way you are no longer a minor and the settlement check is in your name only.
Good Luck
2007-08-06 02:54:28 · answer #1 · answered by fighting saints 6 · 0⤊ 0⤋
One thing I have learned is watch the people who are suppose to stop at the stop sign because the first car accident I was in was where it was a four way stop and you can not assume that the other car is going to make the stop. Better to spend a few seconds and make sure he stops then getting hurt. Same way when the light changes I wait until the traffic in the other lanes stops before I go. I have avoided sever car accidents when some idiot in a hurry is not paying attention and runs the red light. Be deffensive all the time. As for the pain and suffering find out the rules and regulations and see if you can do a civil suit or a small claims suit on the man. If you win you can put a lien on the house or try to get the money out of him some how. Some times that just never happens and you get nothing.
2007-08-05 18:08:32 · answer #2 · answered by T 4 · 1⤊ 0⤋
That would be a court case. Talk to your insurance company and tell them you are not satisfied and why. Look at your coverage, really look in your uninsured coverage, and see if you policy allows to pay for missed work. Pain and suffering will need to be addressed by an attorney. Attorneys cost a lot of money. Does the other person have money ? If they are broke what will you get ?
2007-08-05 17:58:27 · answer #3 · answered by david d 5 · 1⤊ 1⤋
First of all, I'm very sorry for your accident and what it has cost you. It sounds like you're lucky to be alive.
If you sue the drunk in civil court, you'd likely win, but the amount of damages awarded varies by jurisdiction. In Canada, you'd get much less than in America. The decision would be against the drunk, he'd owe you the money, but how you'd collect is another question. If he's broke, you'd have a very nice decision against him, but no real chance of ever collecting. It's usually the insurance company (his) who'd pay a settlement, but as he didn't have insurance, you're kind of sunk.
Get a lawyer. There are some who will take on a case like this on a percentage of any potential settlement monies.
2007-08-05 17:58:07 · answer #4 · answered by brwnsdn 1 · 1⤊ 1⤋
Pain and suffering would be collectable under YOUR uninsured motorist coverage. Call your adjuster. Lost wages *might* be collectable under uninsured motorist, or pip, or lost wages coverage - it varies by state.
If you don't have the lost wages coverage or uninsured motorist, you'll have to hire a lawyer and sue the guy directly - but even though you'll likely win, it's going to be really hard to get actual MONEY from somebody like this.
2007-08-06 02:22:36 · answer #5 · answered by Anonymous 7 · 1⤊ 0⤋
You would have to retain a lawyer and sue the other driver for pain and suffering and missed work. Good luck. If the driver can't afford insurance, you aren't going to get much $$. You can't get blood from a rock.
2007-08-06 01:42:49 · answer #6 · answered by Scott H 7 · 0⤊ 0⤋
I think you should just be glad to be alive . Drunk uninsured drivers are responsible for lots of pain and suffering , but they are not very responsible for paying
2007-08-05 17:54:48 · answer #7 · answered by jimanddottaylor 7 · 1⤊ 0⤋
First of all no one said you are going to get anything. You will have to take this matter to the courts. Best thing for you is to find out if the guy has anything to make it worth trying and then get a good lawyer.
2007-08-05 17:55:38 · answer #8 · answered by Ron F 3 · 1⤊ 1⤋
Be grateful YOU ARE ALIVE instead of 6 ft under. What the heck more do you want?
2007-08-06 15:00:21 · answer #9 · answered by murphbucket 2 · 2⤊ 2⤋