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Can i sue the company that was responsible for my injury's after i settled with my insurance company under uninsured moterist.

Albuquerque, NM |

the company let there insurance expire and had an imagrent driving there vehicle when i was hit by there car when i was on my bike. my lawyer is suing my uninsured moterist insurance. i would like to sue the company for being irrisponsable. can i still sue them?

Attorney Answers 4

Posted

As I understand your question, the answer is no. Please consult with your attorney. There may be facts that prove my opinion incorrect. Assumedly, your attorney is competent, well versed in the law, and will represent you competently. Hope it works out, Jeff Adams

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Posted

You have an attorney and so you need to fully discuss the facts and the insurance law with your attorney. Basing an opinion on the facts posted would be speculation. My speculation is that you are using your uninsured coverage due to the fact that the car that caused the injury was in fact not insured. Uninsured settlements contain a provision that if you do recover anything from the party that was liable, the company paying the uninsured benefits has a right to recover their payments.

I truly wish you the best.

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This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies. In the event that you have follow up questions, please post them directly on this site. This does not create an attorney-client relationship and the attorney does not read unsolicited emails. Thank You.

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Posted

Yes if the case is still pending. If you have settled your case it might be a little tougher. Your insurance company may be going after the other driver. You and your insurance company may want to add the other company and driver.

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Posted

First, consult with your own lawyer as he or she knows the law in your jurisdiction. Generally speaking, the answer is yes with some exceptions. Good luck.

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