Driver who hit me and totaled my car has no insurance

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Driver who hit me and totaled my car has no insurance

Driver that hit me has no insurance I got hurt
and my car is totaled what do I do

Asked on February 8, 2018 under Accident Law, Connecticut

Answers:

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

Answered 6 years ago | Contributor

If you have uninsured motorist coverage, you can file an uninsured motorist claim with your auto insurance company.  You can receive compensation for the value of your car.  You also have a separate 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 should include those items when filed with your insurance carrier.
Compensation for the medical bills is straight reimbursement.  The medical reports document your injury 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.
Your auto insurance company will sue the uninsured motorist to recover the amount it expends on your property damage and personal injury claims.
If you don't have uninsured motorist coverage, your only recourse is to sue the uninsured motorist for negligence.  You can enforce a court judgment against the uninsured motorist with a wage garnishment.


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