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Rear-ended and person at fault is not insured. What should I do?

My husband was rear ended today. Police was at a scene and they claimed that other person was at fault. We have insurance but that other person doesn't. What would be the best way to handle this situation? Do we personally have to sue them or can the insurance company handle this?

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Attorney answers (3)

Reputation Level 20
Several things:

(1) Look at the coverage selections page of YOUR auto insurance or call your agent. If you have underinsured coverage, then your own underinsured coverage should cover your bodiliy injury.

(2) Hopefully you have your own collision coverage to cover your claim for property damages to the car.

(3) You CAN sue the other driver, but first investigate and consider whether s/he has any assets. If not, as a practical matter, what would be the point in suing them in that you can't get blood out of a rock.

(4) Yes, it would likely be best to have an attorney handle this. Most personal injury attorneys give a free initial consultation. This is the sort of troublesome situation I handle all the time in the jurisdictions in which I practice, not WA, by the way, and so legal counsel in WA should be able to guide you through.
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Avvo Pro

Reputation Level 10
You should check your own insurance policy coverage and determine whether you have Uninsured Motorist Coverage (UIM). This would allow you to make a claim for all damages, not just property damages or medical expenses, with your own insurance company. I would recommend that you at least consult with an experienced personal injury lawyer who can review your situation in detail and advise you on how best to proceed and protect your rights. You may find the link below helpful. Good luck.
1 person marked this answer as good

Reputation Level 10
Situations like this are why it is great to have Uninsured/Underinsured Motorist coverage. Typically an uninsured driver has no valuable assets, so suing them will not be fruitful.

File a claim with your insurance immediately. Personal Injury Protection (PIP) will cover your husband's medical bills and lost wages. Uninsured/Underinsured Motorist (UM/UIM) coverage will cover the rest - including additional medical bills, pain and suffering, etc.

If your husband is hurting, he should immediately seek medical attention.

If you have further, specific questions or concerns, you should talk with a lawyer at a free consultation to fully explore your husband's legal options.
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