recourse on uninsured motorist?

anton · #1 03-26-2007, 02:32 PM

What is the name of your state? TN

I was involved in a wreck a couple of weeks ago. The lady who hit me ran a stop sign- no attempt to stop, no skid marks. The officer wrote her up for running the stop sign, invalid tag, and no proof of insurance. She told him she had insurance, but after 3 phone messages to her and the last one threatening legal action, she finally left a message on my machine admitting she was not covered.

It totaled my car, a 91 mercury tracer that was in great shape with 78,000 miles that got 28mpg, and left me driving a truck that gets 11mpg.

I went and got xrays a couple of days later (it was over a weekend) because my knee was banged up, and I already have bad arthritis in my ankles from a car wreck in 1977 (I am 48). I am sure it will affect my arthritis negatively.

My question is, should I make this claim on my uninsured motorist coverage and just accept the value of the car (which won't be what I need to replace it), should I hire an attorney and sue for damages and medical costs (and maybe never get anything), should I give her an option of paying me directly, should I go to her court date and give my input (which I intend to do anyway)- what is the best course of action here?

thanks for any advice

moburkes · #2 03-26-2007, 03:07 PM

Get your medical bills paid for by your uninsured motorist coverage. Get your auto insurance paid for by your uninsured motorist property damage OR your collision coverage. You will need to pay the attorney out of pocket. We don't know if you should sue, because we don't know what her assets are.

ecmst12 · #3 03-26-2007, 03:09 PM

Whether the claim is to her or to your uninsured motorist coverage, you will not get more then the actual value of your car, which sadly won't be much. You can get your medical bills covered either way. Pain and suffering will probably not be covered by your own insurance but you're not likely to collect any from her either. But your actual costs will be covered.

An attorney will probably not take a case against someone who doesn't have insurance.