If I was rear-ended in a car accident and was hurt but the other driver was uninsured, what can I do?

I was rear-ended at a stoplight the person who hit me was either asleep or looking at something inside his car. My vehicle was badly damaged and I was transported from the scene to the local hospital. After hours in the ER and several radiology tests, I was released with bruises, contusions and was sore for several days. I missed 2 days of work and have medical bills for those few hours of over $6000. The person who hit me never spoke to me or even acknowledged me the day of the accident. I assume it was because he didn’t have insurance. I have tried calling him with no response and sent a letter that was refused and returned. I’m sure this happens often. in your experience are these situations usually a waste of time?

Asked on February 17, 2016 under Accident Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you have uninsured motorist coverage then since you were injured, you could file a separate personal injury claim as an uninsured motorist claim through your insurer. You can also file a property damage claim for cost of repairs to your car. If you don't have uninsured motorist coverage, your only recourse is to sue the at-fault party. If you sue win, you can obtain a judgment, which can be enforced with a wage garnishment and/or lien on their property. However, if they have don't have sufficient income or assets to pay a judgment then you must bear the loss.


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