Can I file a pain and suffering claimwith my own insurer ifI had a no-fault accident with an uninsured driver?

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Can I file a pain and suffering claimwith my own insurer ifI had a no-fault accident with an uninsured driver?

I had a no-fault accident and the other person did not have insurance. Can I file a pain and suffering claim against my own insurance for my children?

Asked on September 29, 2010 under Accident Law, Missouri

Answers:

Mike Harvath / Harvath Law

Answered 10 years ago | Contributor

     Hi.  I am sorry to hear about the accident, and especially the fact that the other driver did not have insurance.  I am a Missouri injury attorney that focuses my practice on auto accident cases and work injury claims.

     You very well may be entitled to file a claim against your own insurance company, if you have uninsured or underinsured coverage.  The declarations page from your insurance policy information would have to be reviewed to determine whether you have this form of coverage and the monetary limit of this coverage.  If so, you can be entitled to compensation for any medical expenses related to injuries from the accident, compensation for pain and suffering and any lost wages, and compensation for future medical expenses, if there will be any.  Remember that when you pursue a claim under uninsured or underinsured coverage, it is highly similar to pursuing a claim against another driver's policy.  Your insurance company has a very strong interest in paying the bare minimum it can, and you may be entitled to substantially more.

     For your convenience, I can be reached via e-mail at [email protected].  My firm website address is: www.harvathmissouriillinoislawyers.com.  Thanks.

NOTE: This answer is for educational purposes and does not constitute legal advice.  The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for the accident.  What you are really asking has to do with what is known as Uninsured and Underinsured coverage and not no-fault insurance, which limits your ability to collect on a lawsuit absent certain circumstances like what is known as serious injury.  Missouri is one of those states that requires that a party have uninsured motorist coverage for $25,000 per person and $50,000 per accident for bodily injury claims.  Again, that is not the same as collecting no-fault benefits like medical coverage.  I would seek consultation with an attorney in your area as to what you need to do here.  You need to most definitely put your carrier on notice that you intend on making a claim under your own uninsured portion of the policy and do so quickly.  Good luck.   


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