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Uninsured motorist claim

Chicago, IL |

I was involved in an accident where the other driver failed to stop. I sustained some bruising and pain in neck and shoulder. Some xrays and cat scan showed no fracture. But I still have pain moving my arm. My auto insurance adjuster suggested going through my auto medical coverage which has $5000 coverage for medical expenses. But as I have uninsured motorist coverage is that not the best approach as my expenses will probably surpass the $5000. Also would my premium not go up if I claim through medical coverage instead of uninsured motorist? I have been out of work for 10 days so who pays for that? Also what about pain and suffering?

Attorney Answers 9


  1. Uninsured motorist claims can be tricky and it is always better to retain an attorney even if dealing with your own carrier.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.


  2. It sounds like your medical damages are likely severe enough to justify hiring an attorney. You should hire a local personal injury attorney to advise you on the coverage issues as those issues can be complex and can differ greatly depending on the particular policy.

    An attorney-client relationship is NOT created through the use of this website or by answering this particular post. Each claim is different and must be judged on its own merits. The response herein does not constitute legal advice. The response is in the form of legal education and is intended to provide general information about the matter within the question. Questions may not include significant and important facts that could significantly change the reply. Mr. Price is licensed in MO only and strongly advises the questioner to confer with an attorney in his or her particular state in order to ensure proper advice is received.


  3. If you have group health insurance, Medicare, or Medicaid, you should put your medical care through that insurance. They MAY require that you use your own med pay first. If you are injured badly enough to merit this much treatment, please consult a personal injury attorney now. I cannot tell you how many times a client comet to me months later with their case beyond repair. Good luck.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. 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. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  4. I think you are right. Assuming that the driver that hit you did not have insurance, you may want to make a claim. Keep in mind that you can make a claim for medical payments and still make a claim for uninsured motorist benefits as well. They would get a credit for anything they pay, but you can make both. For the uninsured motorist benefits claim, I agree with the others - you will need a lawyer - probably sooner rather than later.


  5. You are asking two questions. One you ask is whether you can use UM instead of med pay. It's apples and oranges. Med pay pays your medical bills regardless of what happens up to the limit of $5K. UM ONLY kicks in if hte other driver is uninsured.

    IF the other driver was insured, send the bills through your medical insurance or med pay, depending upon the limits available, and then pursue the liability of the other driver's coverage. IF not insured, then you can pursue UM.

    Please don't try to handle this yourself--lots of moving parts!

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


  6. Uninsured motorist does not kick in unless the other driver does not have insurance. Your submission does not specifically state that there is no third party insurance. Assuming that there is a third party insurer, you can try using your health insurance and reserve the med pay for deductibles and co-pay. Also, assuming that your uninsured does apply, the payments can be delayed and your credit damaged. Medical payments coverage is designed to provide for quick payments to your medical provider and only requires that you are injured in your car. Uninsured motorists requires a lot more. Pain and suffering and lost wages would be covered if uninsured applies as it is far too complicated to address here. You really need to see an attorney in person. Most will provide a free consultation.

    Mr. Padove is licensed to practice law in Illinois and Indiana. He can be contacted at Burtonap@aol.com (219) 836 2200. 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. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.


  7. You would always want a local attorney to resolve a UM claim. Contact one of the lawyers in your state above.


  8. The questions you have regarding the increase in premiums after a car accident claim is better left to your insurance agent. In Illinois, you can make a claim under your uninsured motorist coverage for your injuries, medical, pain and suffering, lost wages, and etc... You will have to check your policy for the UM Limits, but it is over $5,000.00. Whether you pay medical through health insurance or medical payments coverage in Illinois, in general, those amount must be repaid from the settlement. Call a local auto accident or personal injury attorney for help.


  9. Consider getting a lawyer. Many an injured person makes the mistake trying to handle their own claim. Even with hour own insurance company, you need to understand that the information you get may not be the best as applied to your own situation. If you have health insurance, you may be able to submit your bills and also benefit from medical payments coverage as another attorney stated. Far too often, if medical payments coverage is used, health providers get paid retail, rather than the rates though your health insurance coverage. How you handle the bills can have a direct relationship to your final recovery. Just like you generally can't be your own mechanic, domt take chances, get the benefit of legal representation early on before statements are given or authorizations are signed. Whether dealing with the other driver's insurance company or even your own, if injured, obtain prompt medical care and get a lawyer. Don't ever thing that an agent or an adjuster for your own company can give you legal advice like your own personal injury attorney. I see many cases where people call all around or they to handle their own cases only to come in my office after matters are complicated. If you are injured, get the advice of a lawyer who handles injury cases. Many cases are taken on a contingent fee that allows you to have the benefit of legal representation and a fee is based on a percentage of the recovery. In my opinion, all insurance companies prefer not to have someone represented by a lawyer. I've even heard of cases where one's own agent tells the insured they don't need a lawyer. Why is this? The answer is easy. Lawyers are experienced in handling such claims and an unrepresented person is just that, unrepresented. Know and protect your legal rights if injured.

    Stephen Patrick Rapp

    "Legal Practice Concentrated in Personal Injury Law"

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