I was in a car accident with a driver that ran a red light. The other driver was found at fault and does not have insurance. I have uninsured motorists coverage that will cover body harm and medical and collision coverage with a $1000 deductible. I will have to rent a car while the car is being repaired and had to adjust my deductible because I can't afford another $1k accident. Can I sue the other driver for the difference in my insurance due to the change, the $1000 for the ductible, and for the rental car expenses?
You should consult a personal injury lawyer. You don't want to sue anybody for anything in a case involving bodily injury until all injured parties have fully recovered, and the full extent of your damages is known and final.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
Sure but the better play is to have your own carrier go after the uninsured driver for your money when they go after them for their own money-and they will.....Best wishes
I do not think you have a strong case against the uninsured motorist for the change in your insurance premium due to changing your deductible after this accident, because this element of damages assumes you are doing so to cushion the deductible blow from a future collision, and obviously that next collision, which may or may not occur, will most likely not result from negligence on the part of the same at-fault driver. I would recommend that you proceed against your own first party coverage for all damages you can legitimately pursue. Your insurance company will then try to recoup those costs from the at fault driver personally, including return of your deductible, if the uninsured motorist has any collectible assets. You should also understand that even though your uninsured motorist claim is against your own insurance company, don't assume that they will not aggressively defend against the claim just because you are their insured. If your personal injuries are significant, I would recommend consulting with an attorney.
You certainly have the right to sue the uninsured driver for causing your accident, but your chances of actually collecting any money recovery from this individual is probably fairly remote. If they couldn't afford auto insurance, more likely than not, they don't have any type of substantial income or assets that would satisfy any judgment that you would take against them, or if a large enough judgment, they could also declare bankruptcy, depending on their overall financial status. Uninsured motorist coverage is mandatory in the State of Wisconsin, so it is probably in your best interest to pursue your injury claim and property damage portion of your claim through your own insurance company, as unfair as that may seem to you. This is not an infrequent problem. We encounter many individuals who are involved in accidents who do not have auto insurance. In my practice, I don't see the mandatory auto insurance law has done much to change things to force people to carry auto insurance. Those who can't afford it, still do not have it and drive around daily without insurance.
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