what is recourse when the person who rear ended you has no ins
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what is recourse when the person who rear ended you has no ins
in a car accident. the person who rear
ended you, if they have no ins, what
you do to be compensted for damages and
medical bills?
Asked on January 16, 2017 under Personal Injury, Arizona
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you have uninsured motorist coverage, you can file a property damage claim (cost of repairs to your car) and a separate personal injury claim with your insurance carrier.
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 uninsured motorist claim filed with your insurance carrier should include those 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 your insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers, you can reject the settlement offers and file a lawsuit for negligence against the at-fault party; however, since the party did not have insurance, you probably won't recover much.
If you don't have uninsured motorist coverage, your only recourse is to sue the at-fault party for negligence.
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