Uninsured motorist hit and run causing whiplash injury and property loss

Question Details: My husband had a hit and run accident in a parking lot in Los Angeles county. A truck hit and ran (surveillance camera evidence). The owner is dead. Most likely the son was driving the car but there is no proof. Police found the car. It was added to the insurance policy after the incident (Progressive). My husband had whiplash injury. Doctor said it was minor muscle injury,advised him to take painkillers. My car (worth about 5,000) is totaled. Filed claims with Progressive and my insurance company (AAA). I have uninsured motorist coverage. What to do? Sue the other side? Any advice appreciated

Asked 11/17/2009 under Auto Accidents | 564 View(s) | More Legal Topics

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Robert M. Klein / Robert M. Klein, Law Offices of Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

I am an CA lawyer.  It sounds like there may not be coverage in the other vehicle at the time of the incident.  Since you have uninsured motorsit coverage, your husband is entitled to make a claim for his injuries.  If you had collision coverage (or Uninsured Motorist Property Damage coverage) you can make a claim for the damage to the car.   Be careful - there are some important rules that you most follow in any hit and run case.  You must file a police report within 24 hours.  You are also required to file a declaration with your insurance carrier within 30 days.  It is my experience that when there is an injury, the victim is better off consulting with and/or hiring a lawyer to represent him or her.  The victim will have an expert on their side guiding them through a very difficult process.  Remember, the insurance carrier wants to pay the least amount possible.  The carrier is are not interested in achieving a justice; the carrier is working for the shareholders to maximize profits.  AttorneyPages is filled with lawyers who will take your husband's case on a contigent fee.   I think that is your best course of action. 

Marilyn Thomassen / Thomassen & Associates Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

You should definitely consult a lawyer.  Just reading your description of  the treatment your husband is getting for  his whiplash injury  indicates that he is not getting the treatment he needs for such a diagnosis.  Do yourself a favor and either email me or another attorney for some valuable advice!  actionlaw@yahoo.com

Norman Gregory Fernandez / Law Offices of Norman Gregory Fernandez Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

You should call me ASAP for a free consultation at 800-816-1529 x. 1. You may also contact me through my website at www.thepersonalinjury.com or by email at norman@norman-law.com .

We handle car accident cases all over the State of California.

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