A lawsuit

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A lawsuit

My Friend was in a car collision and
was injured the one who hit them had
no insurance. His sister was driving
had insurance but her insurance was
dropped. Can he still have a lawsuit

Asked on May 26, 2018 under Accident Law, Mississippi

Answers:

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

Answered 3 years ago | Contributor

If your friend has uninsured motorist coverage on his auto insurance policy, he can file an uninsured motorist claim through his insurance carrier to receive compensation for his property damage (cost of repairs) to his vehicle, and his separate personal injury claim.
The property damage can be resolved now.  The personal injury claim cannot be resolved until your friend completes his medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in his medical treatment where no further improvement is anticipated.  At that time, he should obtain his medical bills, medical reports and documentation of wage loss.  Those items should be included in his claim.
Compensation for the medical bills is straight reimbursement.  The medical reports document his injuries and are 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 your friend does not have uninsured motorist coverage, his only recourse is to sue the registered owner of the vehicle that was at fault in the accident for negligence.  The driver (sister) should also be named as a defendant in the lawsuit.
After prevailing in the case, your friend can enforce a monetary judgment against the defendants with a wage garnishment.
 


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