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WHAT DO i DO AFTER A CAR ACCIDENT THAT WAS NOT MY FAULT?

Savannah, GA |

I just picked my kids up from school and they both were scrapped into their booster seats and seat belts and so was I. a car ran into me from the side and at a intersection and pushed me into another car. my airbags exploded and I was hit in the face on my chin, and my son head hit something in the backseat he had blood from the nose and his eye was injured; he was rushed to the hospital, and my other son was taken to the hospital by a stranger. I have pain that showed up later in my neck, shoulder, and jaw. can I still go to the hospital where they pay also? im uninsured. and do I need a lawyer?

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Attorney answers 7

Best Answer
Posted

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.

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Legal Disclaimer:

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:

ccandiano@themargolisfirm.com
http://www.themargolisfirm.com

Asker

Posted

This might have been the best answer on that matter, but I however am and was insured during the time of the accident. What I meant was medical insurance which has me paying out of my savings, and even though I'm married we have 4 kids which includes a newborn so because she's a newborn I'v been out of work and my husband is self-employed, but not here at the moment due to a personal situation. So thank you very much for commenting, Have a blessed day!

Posted

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.

Asker

Posted

No by unisured, i meant no medical insurance. Me and my husband were in between insurance during the time of the accident. both of my boys was hurt but my oldest is the one having ongoing treatment for his eye injury that is coming out of my our savings which is getting low. i'v paid and obtained the reciepts for all his visits. My pain however showed up on the 9th day which led to me having a dental fracture that needed extracted from the blow of the airbag to my jaw. We are very responsible people which is why we are insured on our vehicle and is why we had booster, and car seats for all our kids. the total children that i have are four and I'm just thanking God that my newborn and other smallest was not in the vehicle. Thanks for commenting. I need a lawyer in Savannah

Posted

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.

Posted

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.

Posted

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.

Asker

Posted

I have stated above that I am insured and was insured during the time of the accident. I was reffering to medical insurance. Thanks

Posted

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.

Asker

Posted

This is the best answer so far, I'm not looking for pity, but for help. God is my highest authority in help, but He has given us wisdom too. I need a lawyer in Savannah. I am and was insured during the time of the accident. The other person insurance company just told me that my vehicle was a total lost which we were leasing from a car dealership. We have paid 7,000 into that vehicle and they say they sold it to us for $10,000, but total value came to be $3700, and I told them let me contact a lawyer first because that's how much is left for financing the vehicle which means it's really their money, and I would be left without a vehicle and that's not fair because I have 4 kids that's in school in different locations and other responsiblities. My husband is not here so I'M running his business as well, and it's a lot to not have a vehicle with so many responsibilities for a accident that was not my fault. can you help or refer me to someone in Savannah? Thank you.

Posted

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.

Asker

Posted

Thanks for this answer, I am sorry I didn't explain. I do not have medical insurance, but I do have car insurance. My son is being treated for his injuries and I'm running low on money from my savings, and as you can imagine his treatment is ongoing.

Asker

Posted

Also , my injuries did show up the next day in my right arm, neck, and jaw , 9 days later my jaw was giving me extreme pain so I went to the emergency room and was dianosed with musle strain and a dental frature. I had to find a dentist to extract that tooth. and i really dont believe in taking meds but because of the pain in my body I have been popping lortabs and antibiotics which has caused me to lose weight( I cant eat i cant open my jaw to wide). So i need a lawyer that will consider this in Savannh. Can you refer me to someone? Thanks

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