How do I get pain and suffering from an uninsured motorist?

UPDATED: Oct 1, 2022

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How do I get pain and suffering from an uninsured motorist?

I was in an accident last week. The other driver was at fault and received two tickets for not stopping at a stop sign and not having insurance. The car i was driving was totaled. I was taken by ambulance to an ER where they stapled my head 7 times and gave me an ultra sound. I then had a follow up appointment where I was given a brace for a carpel tunnel fracture and sprained wrist, medication for swelling for my face, and medicine for the contusion in my thigh. The car I was driving was my moms car and she had uninsured

motorist coverage so she was able to get a new car. However, since the other driver was uninsured, I will now have to pay my medical bills Including future visits for check-ups, staple removal, therapy for my leg. I also

missed multiple days of work and haven’t been able to get behind the wheel of a car. Could I sue her for my medical bills and for pain and suffering?

Asked on May 27, 2019 under Accident Law, Oklahoma


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

Answered 3 years ago | Contributor

Since your mother had uninsured motorist coverage, an uninsured motorist claim can be filed through her insurance company for your 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 uninsured motorist claim should include those items.
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.
If the case is settled, you would not file a lawsuit against the uninsured driver for negligence. 
If you are dissatisfied with settlement offers, you could reject the settlement offers and sue the uninsured driver for negligence. This is not advisable because an uninsured driver usually has little if any money or assets.
Also, your mother's insurance carrier will sue the uninsured motorist to recover what it paid on the claim.

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 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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