What to do if I was rear-ended by someone who doesn’t have insurance?

I have uninsured motorist insurance but the deductible is $500. I want to see if the man that hit me will pay it, but I don’t know how this works. Will my insurance go after him for the cost of repairs and medical or do they just pay that and he has to do nothing?

Asked on November 12, 2014 under Accident Law, Oregon


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

Answered 6 years ago | Contributor

Since this is an uninsured motorist claim, your insurance company will sue the at-fault party to recover the amount it pays on your claim.  This will include your property damage (cost of repairs to your car) and your separate personal injury claim.  Your personal injury claim will include compensation for your medical bills, compensation for pain and suffering which is an amount in addition to your medical bills based on your medical reports which document the nature and extent of your injury, and wage loss.

Compensation for your medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills as discussed above.  Compensation for wage loss is straight reimbursement.

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 wage loss, and submit those documents to your insurance company.

The at-fault party is also liable for your $500 deductible.


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