I was recently rear-ended in traffic (5/1/2014) and the driver refused to provide insurance. I was able to get photos of her photo ID and license plate. Because the damages total under my deductible, but over $750, my insurance is not helping. As long as this driver doesn't answer phone calls, she gets off completely. I've filed forms with dmv (sr1 and sr19) and chp (counter report). I had relatively bad whiplash following the accident and sought medical attention. I was also given a week off of work to recover. Would I have enough of a case to bring against the other driver. I have texts messages between the two of us in which she does not deny fault. She said she "did not want her rates to go up", but never mentioned being uninsured.
You can request her insurance information from the DMV on a form the DMV provides. If it shows she is uninsured, they can suspend her license for a year. You then would file a claim with your own insurance company for uninsured motorist coverage. They basically would negotiate a settlement with you as if they insured her, except if you can't agree, the case would be resolved by binding arbitration, rather than court. If she is insured it should show up on the DMV record, or the police report. If so, track down the claims office of that company using her policy number, and open a claim. Be sure to documents all of your injuries and medical expenses. You are entitled to compensation also for loss of earnings and earning capacity, if any. Those are called special damages. General damages are also available for your pain and suffering, emotional distress and the inability to conduct your normal activities. It can be difficult for a lay person to assess the value of a case, which depends upon the extent of your medical injuries, bills, need for future medical treatment, your age, etc. Also, once you agree on a settlement, you can't reopen the case and get more money. Be certain how you will proceed, and why, before doing so. This means knowing very clearly the nature of your injuries and any residual problems you would have later.
The comments made here are meant to direct you to receive local consultation from an attorney in your area and ask proper, detailed questions to get the best legal advice upon which you can take appropriate action.
Personal Injury Lawyer
It's always worth running your facts by a personal injury attorney because there is typically no charge to call one of us here on AVVO. Whiplash can be a longterm inuring if not treated. If you do not have a large enough case, consider filing a claim in small claims court.
Whiplash can be very serious. A personal injury lawyer would be best bet to get maximum compensation.
Yes, you should contact someone local who can help you. All the best.
Personal Injury Lawyer
Yes. An experienced personal injury lawyer is the type of licensed professional that could likely help you. The law requires exchange of information at the scene of the accident. You should make sure that you file a police report in connection with the accident.
I would for sure contact an attorney in your state. "Whiplash" can be very serious. Seek proper medical attention as well. Good luck.
*This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Contact and hire an attorney ASAP. An experienced attorney will be able to provide you with the medical treatment you need, and likely obtain compensation for your property damage, loss of use, rental, wage loss, medical bills, and pain suffering.