can we sue our own insurance for any future medical

by avonnnnmom » Sat Jan 30, 2010 03:08 am

My husband was involved in an accident in my car. it was not his fault. the other driver does not have insurance. ( He hit and ran but was arrested) I do have uninsured motorist insurance . My PIP is taking care of injuries, not only for my husband but for my brother whom was passenger. Can my husband sue our own insurance under the uninsured motorist portion for possibility of future pain and suffering. Please don't misunderstand we are not "gold diggers" but he is suffering from severe headaches and diagnosed with whiplash,verified with xrays. So what do we do when medical trys to close claim. Normally if other party is insured you can "sue " for ex amount of money , for future medical issues if any. any help would be great. Thanks,

Total Comments: 16

Posted: Mon Feb 01, 2010 11:12 am Post Subject: Lost wages

For recovery of lost wages, you must have PIP coverage for lost wages since the at-fault party is uninsured here. Your medical reports would decide the number of days you will be covered for. Generally, its just the days specified in your report when you are undergoing a treatment.

Posted: Mon Feb 01, 2010 11:23 am Post Subject:

No, you wouldn't be...and this wouldn't come under the loss wages or BI (UM or otherwise) what this would come under is rental...if you have rental there ya' go. If you don't, and the other party is uninsured, then you're sorrily out of luck.

Posted: Wed Jun 30, 2010 03:42 pm Post Subject: Help please...

I was in an accident a week ago. I was on the interstate headed to work when a taxi driver decided he wanted the lane I was in. I was in the far right hand side next to a median that had no room to pull over on if I needed to. To make a long story short, this taxi driver got into my lane and I had no time to react. I ended up going up the median shot across the interstate doing a 360 and went head first into the wall on the other side. The taxi driver fleed the scene. I was lucky enough to walk away with a few swollen limbs, cuts and bruises. Now, a week later, I have yet to go get check out but will have to because I'm starting to experience pain. My question is since the at fault driver fleed will I be able to sue my insurance company for any future medical payments? If not, do I have any options?

Posted: Wed Jun 30, 2010 03:52 pm Post Subject: Help please...

I was in an accident a week ago. I was on the interstate headed to work when a taxi driver decided he wanted the lane I was in. I was in the far right hand side next to a median that had no room to pull over on if I needed to. To make a long story short, this taxi driver got into my lane and I had no time to react. I ended up going up the median shot across the interstate doing a 360 and went head first into the wall on the other side. The taxi driver fleed the scene. I was lucky enough to walk away with a few swollen limbs, cuts and bruises. Now, a week later, I have yet to go get check out but will have to because I'm starting to experience pain. My question is since the at fault driver fleed will I be able to sue my insurance company for any future medical payments? If not, do I have any options?

Posted: Wed Jun 30, 2010 03:54 pm Post Subject:

My question is since the at fault driver fleed will I be able to sue my insurance company for any future medical payments?

I think you mean, file a claim... not "sue".

You _can_ file a claim. If you have coverage to address your medical expenses is another matter.

Posted: Thu Jul 01, 2010 12:21 am Post Subject:

will I be able to sue my insurance company for any future medical payments? If not, do I have any options

Not sure why you want to sue anyone...have you filed a claim?

Add your comment

Image CAPTCHA
Enter the characters shown in the image.