What happens when an uninsured motorist causes injury and property loss?
Question Details:
My husband had a hit and run accident in a parking lot. A car hit and ran (surveillance camera evidence). The owner is dead. Most likely the son was driving but there is no proof. Police found the car. It was added to the insurance policy after the incident. My husband had whiplash injury. Doctor said it was minor muscle injury and advised him to take painkillers. My car (worth about $5,000) is totaled. Filed claims with both their insurer and mine. I have uninsured motorist coverage. What to do? Sue the other side?
The function of uninsured motorist coverage is to make sure that you can obtain compensation in an accident where the other driver that is responsible does not have insurance coverage. You did the right thing by placing your carrier on notice. Becasue insurance law is governed by contract, the other insurance company is not going to provide coverage to this claim becasue the policy was not in effect at the time of the accident. You will need to file a lawsuit against the kid driving the car as well as the owner of the car (Estate of _______), and name your insurance carrier. Between these parties, you will certainly be able to obtain compensation. I also suggest that you hire a lawyer to assist you here, especially if there are serious injuries. you are certainly entitled to pain and suffering in this case.

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