You would definitely have a claim for damages as a result of the crash, because the driver of the other vehicle was responsible for the crash and your injuries. If the other driver was uninsured and there was no other insurance available on that vehicle, the damage claim for your injuries would likely be against your own insurance company under your “uninsured motorist coverage”. This is coverage you have for injuries you suffer as a result of an uninsured motorist’s negligence. Check your policy to see what coverage you have (it will be listed as UM/UIM coverage). This is entirely separate from your No-Fault coverage, which pays your medical and wage loss benefits.
It would probably be a good idea to consult with an attorney who can investigate the circumstances to establish where there might be insurance coverage for your injuries. You would need to prove that there was no other insurance available before your own policy would step in and provide coverage for your personal injuries. If you have the names of any of the people in the other vehicle or any other information, that would be a good starting point. If the people are local to the Cook area, it might be possible to track them down.
It is also possible that there may be claims against other defendants, such as a bar or liquor store, if the other driver had been illegally served alcohol and his intoxication contributed to the crash. This is another issue that should be investigated as soon as possible in order to preserve possible evidence or identify other sources of insurance coverage. All lawsuits have deadlines, called statutes of limitation, which require that you start a lawsuit within a certain time.. If you fail to do so, your claims are barred forever.
This response is intended to provide general information and is not intended to substitute for individual legal counsel on any specific problem. No attorney-client relationship is created or intended to be created by use of the Avvo website or the information contained in this response to a question. An attorney-client relationship is only established by a signed retainer agreement with my office. The information presented here is based on the laws of the state of Minnesota. Anyone viewing this information who resides outside of the state of Minnesota should be aware that the laws in their state may differ. Every effort has been made to present accurate and current information. If you have a question about the accuracy of any of the information presented here, please contact Bradt Law Offices at 218-327-1235.
If the person who caused the accident then you only have a claim if your policy has uninsured motorist coverage. Have you called your insurance company to report the claim? If not please do and find out what your coverage is.
Consult an attorney ASAP to investigate the incident and notify your insurance carrier. Do you carry Uninsured Motorist coverage?
Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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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.
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Check your own policy to see if you have UIM/UM listed. You would need to retain a personal injury lawyer to investigate. Find a lawyer with a low contingency fee, less than 30% with no costs deducted, so you get the lion’s share of the settlement, not your lawyer.
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You may have a claim for uninsured motorist benefits. You should consult with a Minnesota Attorney as soon as possible.
I am a Minnesota personal injury attorney and would be happy to consult with you for no charge. If you want assistance I would be happy to discuss
Kenneth L. LaBore
Attorney at Law
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