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

Answers:

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.

 


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.