Am I able to receive compensation for pain and suffering from an accident in which the at fault party was insured but I was not?
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Am I able to receive compensation for pain and suffering from an accident in which the at fault party was insured but I was not?
There was a 2 week lapse in my insurance. My car was totaled and my hip was badly hurt badly. I just want to know the law regarding this.
Asked on May 8, 2014 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Since you were not at fault in the accident, the fact that you did not have insurance is irrelevant because your claim is filed with the at-fault party's insurance carrier. You will receive compensation for pain and suffering.
Your property damage claim is separate from your personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your personal injury claim filed with the at-fault party's insurance carrier should include these items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party (registered owner of the vehicle if the registered owner is someone other than the at-fault driver).
If your case is NOT settled with the at-fault party's (registered owner's) insurance carrier, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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