I was rear ended by an uninsured driver with a .128 blood alcohol level. The driver was cited at fault and arrested. The driver spent several days in jail pending their court hearing. I filed an uninsured motorist claim with my insurance company...which is still pending. My auto was totaled and I am still recuperating from an injury. I am under medical care. Can I sue the at fault driver for any financial loss, medical bills, pain and suffering not covered by my uninsured policy settlement? My car was paid for. I now have the added expense of a new auto with higher premiums, and am not sure what the outcome of the injury will be. I know the driver owns a home in their name, and may own other property of value.
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