Auto Accident with Uninsured Motorist

by Anonymous
(Houston, TX)

Uninsured motorist (UIM) caused accident (failure to yield right of way stated in police report). UIM hit a truck which hit our car. UIM showed police an insurance card but coverage had ended because payment was ~3 weeks overdue.

Medical bills >$200K. We only have $25K UIM coverage. Are we stuck with the medical bills if the UIM can't pay? Can the UIM become legally responsible to pay (whether or not they can) and if so how do we proceed?

And, what if we can't afford to pay the medical and/or legal bills? What happens?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Auto Accident with Uninsured Motorist":

Sadly, it appears that the driver who hit you was not insured. And further, it appears that your policy covers the minimum when it comes to under or un-uninsured drivers. So, what do you do about your exorbitant medical bills?

Well, most hospitals will most certainly work with you on your medical bills and you should begin that process right away advising them of the situation. In some cases, they will even write off certain bills.

But, it may also be useful to investigate what, if anything, the UIM has personally. Under this theory of personal liability, a person can be held financially responsible for the injuries of others when their insurance is insufficient or non-existent as it were.

So long as you file a law suit against them personally within the applicable statute of limitations, you may be able to get a judgment against the party and attach it to something they own.

This can be a long process however, and you are best advised to contact an attorney before undertaking litigation on your own.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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