Can I receive pain and suffering from my insurance if I was in a accident with an uninsured driver.

I was involved in a hit and run and the other driver left the scene of the
accident and totaled my car out. Since my insurance is the only one involved, can
I receive pain and suffering for my fractured ribs, head, and leg injuries.

Asked on April 28, 2016 under Accident Law, Missouri


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you have uninsured motorist coverage, you can receive compensation for pain and suffering which is an amount in addition to the medical bills based on the medical reports which document your injury.
Compensation for the medical bills is straight reimbursement.  As stated above, pain and suffering is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
Don't settle the personal injury claim until you have been released by the doctor or have been declared by the doctor to be permanent and stationary which means having reached a point in your treatment where no further improvement is anticipated.
You can settle the property damage claim without impacting your personal injury claim.

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