If Iwas hit by another car andI don’t have insurance, what is going to happen to me?

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If Iwas hit by another car andI don’t have insurance, what is going to happen to me?

I had green light and started across the intersection, she ran the red light and never stopped until she hit me. I was t-boned and my son and I had some minor injuries. Since I didn’t have insurance what are my responsibilities and hers? I’m in TX and feel like I am in some big trouble

Asked on August 21, 2010 under Accident Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The fact that you did not have insurance is not a problem regarding the auto accident since the other driver was at fault.  The only problem that could arise regarding not having insurance is if there was a police report and the police cited you for not having insurance.  Depending on your state's laws, there may be a fine or other penalty for driving without insurance, but this has nothing to do with the liability of the other driver for causing the accident.

You can file a claim with the other driver's insurance carrier for property damage based on the cost of repairs to your vehicle.  The property damage is usually resolved early in the case.  You and your son would have separate personal injury claims to be filed with the other driver's insurance when medical treatment is completed.  When medical treatment is completed and you and your son are released by the doctor, obtain the medical bills and medical reports for both yourself and your son.  The medical reports will document the nature and extent of your injuries and your son's injuries. The medical reports will be used to determine the amount of compensation to seek for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  Your claim should include the medical bills, medical report, any wage loss and compensation for pain and suffering. Your son's claim should include the same items except no wage loss if he is a minor and not employed.  If your son is a minor, you will need to be appointed guardian ad litem to proceed with his claim.  On each claim, you should ask for considerably more than you expect to receive as compensation for pain and suffering.  Wage loss and medical bills are just straight reimbursement.  The insurance company will respond with a lower offer at the outset of settlement negotiations.  Try to negotiate a significantly higher amount on your claim and your son's claim.  If you are dissatisfied with settlement offers from the insurance carrier, you can file a lawsuit for negligence against the other driver.  If neither claim has been settled, you and your son should be listed as plaintiffs in the same lawsuit against the other driver (defendant).  Again, you will need to be listed as guardian ad litem to represent your son because minors cannot sue on their own behalf.  If both claims have been settled, no lawsuit is filed.  If only one claim has been settled, the lawsuit would proceed with the other claim.  The lawsuit must be filed prior to the expiration of the statute of limitations or you will lose your rights forever in the matter.


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