If you carry uninsured motorist coverage you would have coverage for this incident. Consult an attorney to investigate coverage. They may uncover some coverage that was not so obvious.
Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
Your own uninsured coverage will compensate for your bodily injuries and your insurance company will send out correspondence in an attempt to subrogate and generally otherwise make the other driver's life miserable.
Before assumining that all information taken at the accident scene is correct, hire an attorney to investigate. On more than a few occassions my office has found insurance where wrongdoers have claimed after an accident that they had no insurance, and the incorrect info was carried through on a police report.
This may or may not be true in your case, but here are more reasons ro retain an attorney: [Blue link below]
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
As the other attorneys noted, contact your own insurance carrier to see what forms of coverage are available. You should not forgoe medical treatment if you were injured,
All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.
Here are my suggestions:
1. Definitely seek medical care if you are having physical problems. Do not get bogged down with the issue of perhaps the drunk will not have to pay for your medical care.
2. Follow up with the local law enforcement and district attorney. The drunk driver may have to make restitution to you as part of his criminal sentence.
3. Investigate whether the drunk driver really has insurance. I have seen drunk drivers with coverage lie about it and try to conceal their insurance.
4. Check with your own insurance agent on whether you have uninsured or under insured motorist coverage that might pay for your personal injury type damages. Uninsured and under insured coverage can be complicated and might come from a source that you would not think of.
5. Investigate a possible dram shop action against any place the drunk may have been drinking before the accident.
6. Talk to a local attorney about all these issues, and any other issues they may identify under Washington law. There are a lot of time deadlines and some tricky twists and turns in these situations and you need guidance from a lawyer who knows what they are doing.
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.
If this information has been helpful, please indicate below.
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.
This ans. does not create an attorney/client relationship.
First, if you haven't filed a police report regarding this matter then you should do so immediately.
Second, you should review your car insurance policy to determine whether you have a) Personal Injury Protection (PIP) coverage, and b) Uninsured Motorist (UIM) coverage. If you have PIP coverage, then you need to find out the PIP policy limits, in other words, what is the maximum amount of medical expense that your policy will cover. If you have UIM coverage, then you should find out how much UIM coverage you have. You will need to report this claim to your own insurance company AND open a PIP claim if you have PIP coverage. In the State of Washington all drivers are required to have insurance, so if the fault driver did not have insurance his license can be suspended until be pays the cost of the damages caused by this accident.
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