You can still sue the responsible driver and owner of the vehicle that hit you. However, you need to let your insurance company know you are doing so just in case they want to make a claim to get the money they paid you from the uninsured motorist. Your insurance company may ask you to pay them back for the money they paid on your claim.
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While I cannot give you legal advice in this forum, as a general matter you can sue the person that injured you. However, you should have a personal injury attorney help you with this. It can be a little complicated because once you sue and collect, your insurance company may make a claim to part of that money and you may be obligated to tell them you are suing.
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Yes, you can probably still pursue the party who did not have insurance, but it is unclear if it would be worth doing. You should call an experienced local attorney. There is generally no charge for discussing your personal injury case and your options. Do not wait.
Call me if I can be of assistance or answer any questions.
Brad C. Brereton.
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Your situation is sensative because I don't know if you have signed a release and whether you may have waived any rights. It's always best to consult with an attorney before signing papers.
Answering your question does not make me your lawyer. No attorney-client relationship is created until we enter into a written agreement signed by both you and I.
Hopefully you have uninsured motorist coverage, the best and cheapest insurance money can buy. See my wite www.paoligeerhart.com. Your injuries sound severe, so you should get a lawyer to investigate your UM situation pronto.
Yes, it is not a good move however, unless, they have the money to pay and will not fight. You may have Uninsured coverage talk to your insurance company right away.
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The value of your claim is not going to be impacted in regard to a judge’s decision what the judgment should be. Whatever the true actual value is, the judge will make that decision. The problem you have to deal with is that your insurance carrier may make a claim for reimbursement on any funds collected as well as a Kaiser reimbursement claim. The other issue is that if the person really had no auto insurance, is there really any hope of really collecting any money to start with. There are two issues involved in every litigation. One is liability, the other is collect ability. Unless you have major traumatic injuries, it may be difficult to pursue your claim against this individual. Also by and through the Release you signed with your insurance carrier, you probably signed your claim against the Defendant to the insurance carrier who will be suing him in a subrogation action to recover monies they paid to you in regard to his or her liability.
I hope this is helpful.
John N. Kitta
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