I was in a car accident a couple of months ago and the person that hit me did not have insurance. I had to file the accident on my uninsured motorist insurance. I have been going to the chiropractor since the accident and I am still hurting. I would like to file a pain and suffering suit but I am not sure where to begin. I just noticed the person that hit me bought a brand new car so I know they have full coverage insurance now. Should I consult a lawyer or just let me insurance handle it?
2007-12-15 19:17:59 · 4 answers · asked by Alex Rogers 1 in Business & Finance ➔ Insurance
If he has insurance now - it does not matter. Insurance does not back date. You have to have insurance at the time of the accident. If you drive straight from the accident scene to an insurance agent and take out a policy - that will not cover the accident.
You should be able to file an uninsured motorist bodily injury coverage claim. This will usually give consideration for medical bills, lost wages and pain and suffering. Contact the adjuster handling your claim and ask them about it.
All an attorney will do is file against your own policy for the injury claim and then take 1/3 of your settlement (plus expenses). The insurance company does not usually pay more just because you have an attorney. So if you can work directly with your adjuster and the insurance company you may end up with more money in your pocket.
** not legal advice **
2007-12-16 00:23:53 · answer #1 · answered by Boots 7 · 0⤊ 0⤋
IF you want to file a suit, that's something you do in court. The full coverage now, isn't going to cover the accident THEN.
You will need to hire a lawyer. Anything you collect, first goes to pay your medical bills, and your uninsured motorist payments from YOUR company. YOUR UM coverage is where you should look to collect pain and suffering. Also, you probably want to put a call in to your adjuster, and get an updated status on the claim - find out if it's in subrogation, because your insurance company gets FIRST dibs at suing them. If they're already doing it, you can't.
Keep in mind, that new car could easily be a lease, or more easily be in someone else's name. So you're STILL looking to attach wages or their house - if they own one. Getting the judgement is going to be easy - getting the money, after the judgement, is going to be HARD. If you can't find a lawyer willing to work the case for 1/3 of what they collect for you, that means either your case isn't worth much, or it's going to be almost impossible to collect from the other party.
2007-12-16 10:48:52 · answer #2 · answered by Anonymous 7 · 0⤊ 0⤋
A pain and suffering law matter should never go forward without the partnership of the attorney as these are extremely difficult to resolve. The largest problem you will find is attempting to find a solvent viable party to seek compensation from.
In other words, since the uninsured had no insurance policy to recover from your legal matter will seek remedies from their personal assets. These personal assets will need to be something that are eligible for liquidation.
While this person may own a house, own a car or other goods they may be a majority owned by the bank thus causing conflict from you to recover from them.
Some jursdictions have the ability to place liens on their assets which may be a good options however; you always run the risk for them filing for Bankruptcy cleaning that slate clean.
An attorney will be the best measurement if you have a case worth fighting. They wont take anything unless they have the ability of gain.
2007-12-16 10:55:51 · answer #3 · answered by Dimples_in_NJ 3 · 0⤊ 2⤋
Who are you going to file a pain and suffering suit against?? The person that hit you does not have insurance and even if your win your case against that person, you don't stand much of a chance of recovering any money because they won't have any money to pay you. You will be limited to your own uninsured motorist policy for any pain and suffering compensation.
2007-12-16 23:10:26 · answer #4 · answered by Don Drapers woman 6 · 0⤊ 0⤋