What to do if an uninsured driver hit me and my insurance tried to pursue payment for damages but she refuses to pay?

UPDATED: Oct 16, 2012

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What to do if an uninsured driver hit me and my insurance tried to pursue payment for damages but she refuses to pay?

Can I sue for both deductible and damages if my insurance paid to have my car fixed or can I just sue for the deductible that I paid? I was 8 months pregnant at the time but did not go see a doctor because I don’t have insurance and I was afraid she wouldn’t pay for it. I ended up giving birth 2 weeks premature due to stress and my baby was in NICU for 5 days. Could I ask for compensation for those medical costs?

Asked on October 16, 2012 under Accident Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the other driver was at fault (e.g. she was driving carelessly), she could be liable for all your out-of-pocket (i.e. actually paid by you; not paid by insurance) medical costs, property damage (e.g. car repair), lost wages (if any), etc. However, before suing, bear in mind that uninsured drivers often are uninsured because they have little money; if she has few assets or little income, even if you win the case, you may find it difficult or impossible to collect compensation.

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.

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