Your failure to carry insurance was irresponsible and illegal. That said, it should have NO EFFECT on your ability to recover for the injuries sustained by you and your children, so long as the other car was at fault. Your first priority must be to secure needed medical care for yourself and your children. Be aware that even if the other driver admits fault, his/her insurance company will NOT pay a dime until you are ready to settle the entire claim. Consult an experienced personal injury attorney in your locale as soon as possible and DO NOT GIVE ANY STATEMENT TO ANYONE until you have spoken with your attorney.
If this information has been helpful, please indicate by clicking the up icon below.
Mr. Candiano is licensed to practice law in Illinois and Indiana. 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. You may contact the writer with these links:
If you are uninsured (I am assuming by "uninsured" you meant there is no insurance on your vehicle), it may be very difficult for you to sue the at-fault party. You need to immediately contact an attorney in your state who will explain your options. If you have medical insurance, that should cover all medical bills resulting from the accident, but your ability to bring a personal injury claim against the other driver may be severely limited due to your uninsured status.
The response you go from these out-of-state lawyer is mostly correct, but as a lawyer practicing in Savannah, I would want you to know that if you go to the emergency room with your childrens ailments or even your own and complain enough they will treat you and then you can attempt to have the other party pay the bills. DO NOT HESITATE in getting your own lawyer now.Everyone needs guidence through such a situation. I wish you the best and if you wish more information my local number is 912-236-4384. Please have any paperwork available when I do the online evaluation evaluation.
As you can see, my colleagues differ as to your rights, each reflecting the state in which he practices law. The laws in each state vary as to the ability of an uninsured driver to make a claim for damages against another driver in an auto accident. It usually does not affect passengers in the vehicle, but again each state is different. You need to contact a local attorney to review your case for you. He or she can make an assessment as to liability and as to your rights and the rights of your children in this situation. Most attorneys provide a free consultation.
You can learn more about me by clicking on my Avvo profile. Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
Your faiulure to have insurance is a crime. You could be jailed for up to a year, fined $1000 and lose your license. Stop driving without insurance.
Having said that, you and your children likely have claims against the other driver and should NOT talk at all to their insurance, but should immediately retain a lawyer. You may be able to recover medical bills as well as pain and suffering.
I am so sorry that this happened to you. I have been in several car accidents in Georgia also. They are very scary as I am sure you know. Your family's physical well being is of course most important. Ya'll need continuous medical treatment until you are better. On the legal side of this, you need to consult with a strong, sympathetic lawyer who will take on your cause & aggressively advocate on your behalf. I hope you and you family feel better. Best wishes for a speedy recovery to you & your boys. Take care.
Your question doesn't indicate whether you have no auto insurance or whether you have no health insurance. If it is auto insurance you lack, this will not affect your ability to make a claim against the at-fault driver, as long as he/she is insured. If, however, it is health insurance you lack, it can make it difficult to obtain necessary medical treatment. It is not unusual for neck pain to steadily increase after a collision. It is important that you get the medical treatment you need for your neck injury, and for your sons. If you cannot afford to pay a doctor, I would suggest you consult a lawyer who can discuss your options for medical treatment. You may be able to find a doctor or chiropractor who is willing to provide treatment in exchange for a lien on your claim. That means that if your claim settles or if you have to sue and you win in court, the doctor will get paid out of the amount you recover.
Sign up to receive a 3-part series of useful information and advice about personal injury law.