Q: Someone rear-ended me, and I just found out that they weren't adequately covered in terms of insurance. Does that mean I
can't recover medical expenses incurred? What are my options?
A: If you have automobile insurance, you can collect under your uninsured motorist (UM) coverage, or your underinsured motorist (UIM) coverage. Contact a personal injury attorney to discuss the circumstances of your case.
A: Sorry to hear this happened to you. You can file a claim for personal injury protection benefits under your own policy. This would create a source of funds available to pay medical expenses up to the limits of your policy- typically $2,500. You may also file a claim against your own uninsured/underinsured motorist policy. This would create an additional source of funds available to pay medical or other expenses, up to the policy limit. You would probably be best served by immediately consulting with an experienced personal injury attorney.
A: It depends what you mean by adequately covered. If they have no insurance, then you can make a claim them personally and/or make a claim against your own insurance policy for uninsured motorist benefits. This would depend upon the limits of your insurance coverage to determine whether you can recover the full amount of your claim.
If they have some insurance, you would need to proceed first against them and then against your own policy as well.
If they were working, that is another possible source of recovery.
I would recommend speaking with car accident lawyer who is familiar with this process.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.