Do we still qualify for general damages or pain and suffering compensation even though the person who hit us was not insured?

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Do we still qualify for general damages or pain and suffering compensation even though the person who hit us was not insured?

We were hit by an uninsured motorist. My family was inside the car and ended up with “pain and suffering”; they went to chiropractor for treatment. I have an uninsured coverage, so my insurance covers the expenses for the chiropractor bills.

Asked on February 12, 2014 under Personal Injury, California

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

Check the terms of your uninsured motorist provision to see whether it allows you to be compensated under your policy for pain and suffering in such a situation.  It should, up to whatever your policy limit is.  If not, your only solution would be to sue the at-fault driver and recover against him/her personally.


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