If I was rear-ended in my husband’s car, what are my rights as far as my hospital bill and ambulance costs?

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If I was rear-ended in my husband’s car, what are my rights as far as my hospital bill and ambulance costs?

The other driver is 17 and his vehicle had no insurance. Our insurance did not cover uninsured motorist. I have no contact number for the other registered owner.

Asked on April 13, 2015 under Accident Law, Louisiana

Answers:

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

Answered 6 years ago | Contributor

If the 17-year-old kid is the registered owner of the uninsured vehicle, and since you didn't have uninsured motorist coverage, your only recourse is to sue the registered owner of the at-fault vehicle and his parents for negligence to recover compensation for your injury. 

It would be premature for you to file your lawsuit for negligence against the at-fault party / registered owner until 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.  Filing your lawsuit prior to that time, unless the statute of limitations is approaching, would be premature because you wouldn't know the total amount of your damages (monetary compensation you are seeking in your lawsuit for your medical bills, pain and suffering and wage loss).

When you complete your medical treatment and are either released by the doctor or are declared by the doctor to be permanent and stationary, 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 tha 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.

A process server can do a skip trace to obtain the contact information for the at-fault party/registered owner.

You will need to file your lawsuit for negligence against the at-fault registered owner/driver prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

 


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