Personal injury question Forum

[clshopeful]

What happens when you are hit by a car, and that driver flees the scene? Cops can't find him. Do you then use your uninsured motorist coverage to cover your medical bills / pain and suffering?

SInce there is no one to sue, what does one do?

[TLSModBot]

I agree there deserves to be a thread extolling the virtues of Del the Funky Homosapien.

[rcharter1978]

What happens when you are hit by a car, and that driver flees the scene? Cops can't find him. Do you then use your uninsured motorist coverage to cover your medical bills / pain and suffering?

SInce there is no one to sue, what does one do?

In CA, you can use UMBI (uninsured motorist bodily injury coverage) to cover your medical bills/pain and suffering.

If you don't get an attorney you just submit your bills and get your settlement the same way you would with a third party carrier. If you do get an attorney, they just go after the money in your policy.

You cannot use UMPD (uninsured motorist property damage coverage) for your vehicle. Most policies make it clear that you have to know WHO hit you and it has to be proven that they were at fault AND didn't have insurance at the time of the accident.

Even though an attorney would be going after the money in your insurance policy, it doesn't make a difference in a state like CA, because insurers aren't allowed to raise premiums when the insured is less than 50% at fault (I don't think the law has changed since I was a claims adjuster)

[pafoo]

Depends on your state. If it's New York or another No Fault state, your medical bills get covered by your own insurance regardless. As for pain and suffering, that would be your UM coverage.