Can i sue my own car insurance for pain and suffering?

Asked over 4 years ago - Highlands Ranch, CO

North bound on freeway going to work. unknown truck entered my lane i served to avoid collision. instead my car hit barrier two lanes to the right i lost control and crossed 6 lanes to the left into cement median.Only mya car was involved in accident. I have no other memories. Car total loss was transported to er open nasal fracture concussion laserations several contusions. Still out of work due to inner ear concussion. Moderate scaring remains on nose ( 8 sutures required to close laceration) No alcohol or drugs involved. Ins co ruled me not at fault. No witnesses Truck did not stop

Attorney answers (4)

  1. John H Barrett

    Contributor Level 13

    Answered . You can bring a claim against your insurance company under your uninsured motorist coverage. In that case, it is the same as bringing a claim against the other at fault driver. This would include medical bills, lost wages, and pain and suffering up to the limits of your policy. Most attorneys will meet with you to discuss yopur case without charge and will charge a percentage fee of the setttlement.

  2. Linda Jane Chalat

    Pro

    Contributor Level 12

    Answered . You will need to review your auto insurance policy for the exact coverage provided. Colorado requires all drivers to carry bodily injury liability coverage of at least $25,000 per person and $50,000 per accident. This insurance provides coverage when an insured causes an accident in which someone is hurt or killed. Colorado also requires $15,000 in property liability coverage, for instances when the at-fault driver causes damage to someone else's property. Usually, this is someone else's car, but it could apply to buildings, utility poles, garage doors, etc.

    Collision coverage, which is optional, covers damage to your car from a collision with another car, but also applies in one-vehicle accidents where your car strikes another object. Comprehensive coverage - also optional -provides protection when your car is stolen or damaged in ways that don't involve an impact. Covered risks include hail, fire, theft, flood, earthquake, explosion and falling objects.

    Medical payments coverage, or MPC, pays for reasonable expenses you and your passengers incur because of injury in a motor vehicle accident, regardless of fault. As of July 1, 2003 this optional coverage is available in place of Colorado's formerly mandated PIP coverage. Coverage amounts available vary from company to company. You may wish to purchase it if you or your passengers do not have health insurance, or to supplement your health insurance.

    Uninsured motorist (UM) coverage protects you by allowing you to make a claim against your own insurance carrier if you are injured as a result of the negligence of a driver who had no bodily injury liability insurance. This coverage also provides protection if you are the victim of a hit-and-run accident. A close cousin to uninsured motorist coverage is underinsured motorist (UIM) coverage. Your insurance carrier is required to offer you the opportunity to purchase underinsured motorist coverage up to the limits of the amount of the liability coverage that you have purchased.

    Uninsured motorist coverage is available in two forms: property damage coverage (UM PD) and medical coverage, which is designed to pay your bills when you are hit by a driver without insurance. If you were seriously injured in an auto accident, incurred high medical expenses, and the person who caused the accident had liability limits lower than your underinsured motorist limits, you are entitled to make a claim against your UIM carrier for the difference between the two figures.

    Colorado's legislature passed a law (effective January 1, 2008) that requires an expansion of uninsured/ underinsured motorist coverage (UM/UIM). Under this new law, insurers are required to offer you this coverage at the same limits as your liability coverage. UM/UIM can be waived only if rejected in writing. You can also select other limits. Most people choose to carry UM/UIM to cover their economic damages, such as medical bills, as well as some non-economic damages should the person who hit you be uninsured or underinsured.

    The information provided to you in this answer is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation if you have further questions.

  3. Bradley S. Mainor

    Contributor Level 8

    Answered . Insurance policies are contracts and the answer to your question may lie within your own policy. But generally speaking, if there was another vehicle involved that was at fault you should be able to make a claim against your own insurance if you have Uninsured/Underinsured motorist coverage. You will need to check your policy to see if you have this coverage. And you should be able to find a Personal Injury attorney in your city that will give you a free consultation on this issue.

  4. Timothy William Combs

    Contributor Level 13

    Answered . Well said. The main issue is: how good is your insurance? Do you have uninsured motorist coverage? Secure a free consultation with a local Personal Injury attorney.

    Disclaimer: This Post does not constitute legal advice and does not create an attorney-client relationship. Do not act, fail to act, or otherwis rely on this Post. Consult an attorney licensed in your jurisdiction.

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