I was rear-ended by a hit and run. I do have uninsured motorist. Am I still entitled a settlement for pain and suffering?

Asked almost 2 years ago - Sacramento, CA

I have whiplash, Dr said it is soft tissue damage, currently in physical therapy. They located drive, no insurance.

Attorney answers (10)

  1. Tiffany Rose Ritchie

    Contributor Level 10

    8

    Lawyers agree

    Answered . You very well may be entitled to file a claim against your own insurance company, if you have uninsured or underinsured coverage. The declarations page from your insurance policy information would have to be reviewed to determine whether you have this form of coverage and the monetary limit of this coverage. If so, you may be entitled to compensation for any medical expenses related to injuries from the accident, compensation for pain and suffering and any lost wages, and compensation for future medical expenses, if there will be any. You should get in touch with an attorney to help you sort this out.

    Tiffany Ritchie
    (312) 888-5833

  2. Donald Steven Sjaarda

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . You can make a claim on your uninsured motorist coverage for the same personal injury damages you could collect from the other driver's insurance policy if he or she had been insured. This includes your economic damages for medical expenses and loss of earnings as well as your non-economic damages for pain and suffering related to your injuries. You need to file an SR-1 with the Department of Motor Vehicles and obtain an SR-19 to document the fact that the other party was not insured. You need a personal injury attorney to obtain the best result.

    This response applies only to California law, is not intended to be legal advice to any individual and does not... more
  3. Glenn Stephen Guenard

    Pro

    Contributor Level 7

    5

    Lawyers agree

    Answered . You definitely can recover pain and suffering damages. The amount will depend on the nature, duration and type of medical treatment and the affect on your life. You or someone on your behalf must notify your insurance company as soon as possible that you intend to present an uninsured motorist claim.

  4. Mona Deldar

    Pro

    Contributor Level 11

    5

    Lawyers agree

    Answered . Absolutely. Here are some tips:

    1) If there's a police report, obtain a copy

    2) Sometimes insurance companies require you submit a form SR-19C with the DMV to prove the party that hit you did not have insurance. You may want to look into this.

    3) I'm often asked by clients if using their own insurance affects their premium or driving record. As long as the accident is not their fault, the answer is No. You pay for this coverage to use in exactly the situation you are in ;

    4) Finally as one of the other attorneys points out, your own insurance company does become your adversary. They have attorneys working hard to protect their interests and so should you. If you'd like to further discuss your case, feel free to give me a call. 1.800.405.1070 ext. 1 or 877-722-8074 ext. 1.

    All the best to you.

    This information is not, nor is it intended to be, legal advice, nor the formation of an attorney-client relationship.
  5. Steven Mark Sweat

    Contributor Level 19

    4

    Lawyers agree

    Answered . Yes. You need to request a police report to document that this was a hit and run. If there was direct contact with your vehicle, your uninsured motorist insurance should cover the claim. You would be entitled to all the same damages that you could have claimed against the driver that hit you, including pain and suffering. Even though you are dealing with your own insurance carrier, you would be best served by retaining an attorney who could advocate for maximum payment on your uninsured motorist policy and/or demand and conduct an arbitration with your carrier if you don't receive a fair offer.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  6. Jeffrey Mark Adams

    Contributor Level 20

    5

    Lawyers agree

    Answered . You may certainly present a claim; although, it is not advisable to do this on your own. Contact a local and qualified personal injury trial attorney. He/she knows how to protect, advocate and process a claim on your behalf. Your insurance company becomes your adversary. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  7. Isabel Cristina De La Riva

    Contributor Level 10

    4

    Lawyers agree

    Answered . You absolutely have a claim. It's best to hire an attorney if you have suffered injuries. If you have UIM/UM coverage, then you are smart. Nearly 1 out of every 5 drives are not insured. Consult with an attorney in your area, they should provide you a free consultation.

  8. Kevin Coluccio

    Contributor Level 20

    4

    Lawyers agree

    Answered . Yes, if you have fulfilled the requirements of your policy. You should discuss the claim with a qualified attorney.

  9. Frederick Charles Thomas

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . Yes you should file a claim against your uninsured motorist coverage, that insurance takes the place of the hit and run driver's liability. Did you call the police, as most insurance companies will require a police report to evidence the hit and run.

    The above statement does not create an attorney-client relationship and the submitting party should not consider... more
  10. Arkady Igor Itkin

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Yes.

    Essentially you are entitled to the same damages you would be if you had a claim against the other driver, if he didn't flee the accident scene, to the extent of the limits of your own UM policy.

    Thank you.

    Arkady Itkin
    Sacramento Injury Lawyer
    www.arkadylaw.com

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