In car accident, NOT my fault, she has NO insurance, I do?

ok, i was in an auto accident. not my fault, i was hit in the rear & she admitted to not paying attention & it is written on the police report! bottom line is, she has no insurance at all & not only that, she was driving on a revoked license with expired tags too! my car is totaled & i declined the ambulance to take me to the er but my mother took me to the er right after the accident & they said I pulled a muscle in my back & they have me on pain meds as well as muscle relaxers! it has been 4 days since the accident but I am feeling more sore than before! I go to my primary dr tomorrow morning for a follow up & i'm going to ask her if a chiropractor is necessary. my question is, should "I" get an attorney for my injuries? i'm unsure about this since this is "MY" insurance company... they declared my car a total out but I don't know if they will try to "SETTLE" with me since they are my insurance company or do I still need an attorney?

Update:

i dont have uninsured motorist property damage but the damages are covered under my collision. I also have uninsured motorist BODILY injuries though, if that helps!!!

Update 2:

to entid.. i'm not trying to sue the woman who hit me, nor am i trying to make false claims!! i am simply sore from the accident & i have a pulled muscle! i was needing info if i should worry about MY insurance co. or do i need a lawyer or trust my company... thats all!!!! im not sue happy at all!! just a full time student who works full time too who lost my car & i'm pretty damn sore!!!

12 Answers

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  • 1 decade ago
    Best answer

    What do you need an attorney for? You are settling with your own company so they are not out to "screw you" as everyone always seems to think.

    I highly doubt you will need to see a chiropractor. You are going to get more sore before you get better, especially since the loss only occured a few days ago.

    If you have collision coverage then your company will settle the claim with you. They will run an evaluation and offer you the fair market value of your vehicle. Not the blue book value, and if you are still paying on your car, they will not pay off your loan, only what the car is worth.

    As far as your injuries, once you are done treating your company will review all of your medical bills and the correlating records. They will then offer you a settlement amount, which would be paid by your UMBI (uninsured motorist bodily injury) coverage. You can expect to get the cost of your medical bills (whatever is reasonable and necessary) and maybe a few hundred dollars for pain and suffering. Thats it.

    The only thing an attorney would do is speak on your behalf and then take 1/3 or whatever settlement you get.

    **EDIT**

    Mr. Taco has no idea what he is talking about. Why would you try and sue the uninsured driver? They obviously don't even have money for insurance, you think they have extra money laying around to pay you?

    And the only reason an insurance company would have "their expert" as he called it, meaning an independent medical examiner, examine you is if they feel they are being taken advantage of for fraudulent injuries.

    Source(s): Claims 7 yrs
  • 1 decade ago

    it kind of all comes down to how good your policy is.. and how much medical coverage it has on it... Now, if you call up your insurance company they can go over your policy with you and often if you need to go to a doctor when you have been in an accident, the dr will request a lien or other proof of payment by the insurance company. (basically they want proof that your insurance company has a claim open for you and has agreed/will be paying medical bills on your behalf). Because the person who hit you is uninsured... your insurance company may go after them for the cost of your medical bills... I would first call your insurance company and then based on what they tell you, you may want to consult an attorney if you feel the need to sue the uninsured motorist... but if they don't have insurance, and they were driving on an revoked license/expired tags... most likely you wont get anything out of them.

    Source(s): work in the medical field..
  • Anonymous
    1 decade ago

    You don't need an attorney unless you are unhappy with what your insurance company is paying or offering to pay. Just remember one thing. No Insurance company is simply going to hand you a big bag of cash and say "have a nice day". The same can be said even if you hire a lawyer. Remember; The lawyer will take 1/3 + expenses of anything he may get for you and it will be a long drawn out case. Sorry but when you mention Chiropractor, I immediately become suspicious of really how serious your "injuries" may be ?

  • 1 decade ago

    Three things:

    1. Talk to the police about getting restitution.

    2. I suggest getting the attorney. I was in the exact same situation, and what will happen is this: your insurance company will pay for your medical expenses temporarily, then will make an excuse to stop and will "settle" with you for less than you deserve. I almost guarantee it. Odds are it will take several months, maybe even longer, to fully recover from your accident. Your insurance company will only give you a few weeks before their "expert" looks at you and miraculously finds you completely fit- despite the lingering pain and muscle problems.

    3. If all else fails, you could try suing the driver of the other car! Try #1 and #2 here, first. Odds are the lady doesn't have a dime anyway.

    Good luck!

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  • 1 decade ago

    No, you don't need an attorney. As you stated, you are not at fault. If your insurance has looked at your car, they are probably going to take care of this for you. I assume by that you have full coverage. They will as for your deductible of course, but they will go after the at fault party to get back their money, and your deductible while they are at it.

    If the fair market value you get doesn't pay off your car (if it's financed) you will be out the difference unless you have GAP insurance. All of your medical expenses should be covered, but generally they won't settle on that until the doctor has released you.

    Any questions, just ask your agent.

  • 1 decade ago

    Your uninsured motorist bodily injury will step in and act as though it is her insurance company. It should pay any necessary medical bills and pain and suffering related that her insurance company would have. However you have a limit and it won't pay more than that.

  • 1 decade ago

    sue that lady into her next life. you are almost defiantly going to win the case there is no reason not to. a uninsured, driver with a revoked license, rear-ends you. that is pretty much a slam dunk. the only way it could be better is if she was DUI. but you defiantly want a lawyer. with something like that you can sue for damages to your vehicle and for your physical harm. and you dont wanna sue your insurance company you are gonna wanna sue her since she dosent have insurance. normally you would sue her insurance company but because she dosent have one you are gonna sue her. and if you feel bad about it just remember that you were the responsible person in this situation and she was not. it is her fault that she is driving without insurance and valid drivers license so dont feel bad about what she has coming to her.

    i dont really mean to sound cruel but thats the way it is. you were hurt and deserve compensation

  • Anonymous
    1 decade ago

    Read your policy. If you have uninsured motorist coverage then you are covered. If you have collision you are covered. If neither of these, you can always sue the driver, but the question is does the driver have the ability to pay?

    Source(s): No expertise
  • 1 decade ago

    Your insurance will pay. There is a chance you will have to pay a little bit of it though. If by chance this happens and you do not want to pay for it you can take her to small claims court. At small claims court you are legally entitled to everything that the insurance paid and that they now say you are labile for (in most states). In all states you are entitled to you the amount you paid.

  • Anonymous
    1 decade ago

    Why do you need a lawyer? They will only take 1/3 of your settlement from your for NOTHING.

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