What to do if I was involved in a car wreck that was not my fault and have no insurance?

I was injured. Do I have any options and, if so, what would they be?

Asked on August 26, 2013 under Personal Injury, Tennessee

Answers:

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

Answered 7 years ago | Contributor

Since you were not at fault in the accident, the fact that you did not have insurance does NOT prevent you from receiving compensation for your property damage and personal injury claims.

Your property damage and personal injury claims are separate claims to be filed with the at-fault party's  (registered vehicle owner's) insurance carrier.  Property damage is usually settled early in the case and would be the cost of repairs to your vehicle.

Your personal injury claim would proceed as follows:  When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of any wage loss.  Your personal injury claim filed with the at-fault party's (registered vehicle owner's) insurance carrier should include those items.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  If the case is settled with the at-fault party's (registered vehicle owner's) insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the at-fault party (registered owner's) insurance carrier, reject the settlement offers and file a lawsuit for negligence against the registered owner of the vehicle and at-fault party if someone other than the registered owner.  If the case is NOT settled with the insurance carrier, your lawsuit for negligence against the registered owner (at-fault party) must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.