Ok question how does car insurance work like Uninsured Motorists when i get hit by a drunk driver thats has no bodily injury

Asked almost 2 years ago - Saint Petersburg, FL

ok my pip has exhausted.i had 3 injection and they did not work. i need back surgery i was told by the lawyer helper that i should not have surgery done until after the case is settle. because my Uninsured Motorists is only 25000/50000 so how does the settlement work. it was a three car accident but the drunk driver hit the lady behind me that hit me then drove off and hit another person. the drunk driver was going about 50 mph when she hit the lady behind me . i like to know what i should do.

Attorney answers (11)

  1. David Irving Shiner

    Pro

    Contributor Level 13

    22

    Lawyers agree

    Answered . This is a question you should be asking your attorney. If you do not have one immediately contact a personal injury attorney and have him/her work towards maximizing your recovery. www.InCourt.com

    Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Shiner is licensed to... more
  2. Scott J. Corwin

    Pro

    Contributor Level 18

    20

    Lawyers agree

    Answered . The responding attorneys are correct. This is a question best suited for your attorney.

  3. Jeffrey Robert Davis

    Contributor Level 14

    18

    Lawyers agree

    Answered . Do you have health insurance ? Were you on the job when you got hit? If not to both- did you have medical payments coverage? Did you do an asset search on the defendant? These are questions to ask before answering the surgery question- if you need the operation and only have 25k in coverage with an uncollectable defendant, tell your lawyer to get the doctor and surgery center to do the procedure for 25000 and waive his fee

  4. Manuel Alzamora Juarez

    Contributor Level 20

    19

    Lawyers agree

    Answered . Uninsured Motorist provision is a claim against your own insurance company. It works when the drunk driver does not have insurance or has minimum insurance. Talk to your lawyer and follow his advice. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more
  5. Chris Matthew Limberopoulos

    Contributor Level 16

    17

    Lawyers agree

    Answered . It doesn't sound like there is much else you can do, other than perhaps force the other driver into bankruptcy.
    However, there are some insurance issues which could open up the gates for recovery.
    Discuss these with your lawyer or perhaps get another opinion.

  6. John Lawrence Buckley

    Contributor Level 17

    17

    Lawyers agree

    Answered . I agree with my colleagues but will also add you need to discuss this with your treating physician. Regardless of how the lawyers play things out, this is your body.

    Best of luck to you.

    No answer here should be considered to form an attorney-client relationship. You should consult with a licensed... more
  7. Jeffrey Mark Adams

    Contributor Level 20

    16

    Lawyers agree

    Answered . Schedule a meeting with your lawyer

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . Speak directly to the lawyer, not the lawyer helper.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  9. Lars A. Lundeen

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . I suggest that you speak directly with your attorney (not a helper) and discuss all of these issues with him or her. That is why you are paying your attorney good money. If you have exhausted your PIP benefits, perhaps you qualify for Medicaid or other insurance? Discuss all of these issues with your attorney.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  10. George Costas Andriotis

    Contributor Level 20

    9

    Lawyers agree

    Answered . Settling with your insurance carrier for the $25,000 limits would be one option. Contacting them & providing them you injury information should be enough to settle but they may give you a hard time. Going after the drunk driver personally is another option assuming he/she has assets which are not protected. The driver behind you may have coverage and some liability I.e. following too closely, etc. you really should contact a lawyer to explain all your options and investigate further.

  11. James Lawrence Magazine

    Contributor Level 16

    7

    Lawyers agree

    Answered . i disagree, what needs to happen if a surgeon has recommended surgery is to submit a demand to your insurance company under your UM provisions. if your insurance company doesnt pay then your attorney should submit a CRN which gives the insurance company an additional 60 days to tender. after that time should they not tender you may be entitled to damages in excess of your UM policy limits. you need to make sure your attorney is familiar with this process

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