Can you still be compensated if you had no insurance and you were rear-ended by an insured motorist?

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Can you still be compensated if you had no insurance and you were rear-ended by an insured motorist?

Asked on February 3, 2015 under Accident Law, Florida

Answers:

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

Answered 6 years ago | Contributor

The fact that you did not have insurance is irrelevant because you were not at fault in the accident.

You can file separate claims for property damage (cost of repairs to your car) and personal injury with the at-fault party's insurance carrier.

The property damage claim is usually resolved early in the case.

As for the separate personal injury claim, if you were injured, notify the at-fault party's insurance carrier in writing that you will be filing a personal injury claim.

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.  Your personal injury claim filed with the at-fault party's insurance carrier should include these items.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury 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 the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.  

If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.

If the case is NOT settled with the at-fault party's insurance carrier, your lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or your will lose your rights in the matter forever.

 


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