What to do if I am the injured party due to an accident that I was involved in that was not my fault but the other person had no coverage?

UPDATED: Dec 2, 2013

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What to do if I am the injured party due to an accident that I was involved in that was not my fault but the other person had no coverage?

Can my own bodily insurance coverage pay for my own medical bills?

Asked on December 2, 2013 under Accident Law, Florida


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

Answered 9 years ago | Contributor

If you have uninsured motorist coverage on your auto insurance policy, you can file an uninsured motorist claim with your insurance carrier which will compensate you for your injuries (medical bills, pain and suffering, and wage loss).  Uninsured motorist coverage will pay for your medical bills.  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 treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be 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 you don't have uninsured motorist coverage, the bodily injury provision of your policy won't be applicable to your injuries because it applies when you are at fault in an accident to pay for the injuries of the occupants of the other vehicle, who were not at fault in the accident.

If you don't have uninsured motorist coverage on your policy, you will need to sue the at-fault party (registered owner of the vehicle that was at fault in the accident) for negligence to obtain compensation in your personal injury case.

If your auto insurance policy includes medical payments, you might be able to use that to pay for your medical bills if you don't have uninsured motorist coverage, but check with your insurance company to confirm that you have medical and that it would be applicable.

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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