Should I be granted bodily injury claim if I don’t have insurance but accident not my fault?
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Should I be granted bodily injury claim if I don’t have insurance but accident not my fault?
Asked on February 1, 2016 under Accident Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The fact that you did not have insurance is irrelevant because you were not at fault in the accident.
Your personal injury claim should include your medical bills, medical reports and documentation of wage loss. These items should be filed with the at-fault party's insurance carrier 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.
Compensation for the medical bills is straight reimbursement. The medical reports will document the 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.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party. If the registered owner of the vehicle was someone other than the driver, name both the registered owner and driver as defendants in your lawsuit for negligence.
If the case is NOT settled with the at-fault party's insurance carrier, your lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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