Rear ended by an uninsured driver...

by Laurie
(Meraux, LA)

I was a passenger in my husband's car and we were rear ended by a car at a red light. The police were called and the other driver was given a ticket and was found at fault. Her car was totaled and towed away. She was uninsured. I was injured with a soft tissue injury and I am still being treated.

My husband has only economic uninsured motorist coverage on his car that does not cover pain and suffering, only medical and property damage. It will cover my medical bills. We have a $1,000 deductible on our collision coverage, which is what our insurance company says we must use as opposed to UIM which has a $250 deductible.

On the car I drive, I have full uninsured motorist that does cover pain and suffering. Will my UIM pain and suffering coverage from my car cover me in an accident that happened in my husband's car? My name is not on the title of his car, but I am his spouse and we live in Louisiana, which is a community property state.

Thank you for answering my question.

Visitor Question:
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ANSWER for "Rear ended by an uninsured driver...":

Laurie (Meraux, LA):

Your own uninsured motorist (UM) coverage should cover you even though you were a passenger in your husband's car. Your UM coverage will likely cover your medical expenses, lost wages, and pain and suffering.

To read Louisiana's statute on Uninsured motorist Coverage see Subsection (f) which reads:

"Uninsured motorist coverage shall include coverage for bodily injury arising out of a motor vehicle accident caused by an automobile which has no physical contact with the injured party or with a vehicle which the injured party is occupying at the time of the accident, provided that the injured party bears the burden of proving, by an independent and disinterested witness, that the injury was the result of the actions of the driver of another vehicle whose identity is unknown or who is uninsured or underinsured."

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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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION