Can I sue the at fault driver of my auto accident if they are uninsured?
Question Details: My car spun out on the icy roads that weren't plowed. After coming to a complete stop, I was hit head on by another driver. The driver was excluded from the insurance policy he gave at the scene. I have limited tort. Can I still sue for pain and suffering if serious enough?
You can sue the uninsured driver for negligence.
It would be advisable to wait on filing the lawsuit until you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated so that you will have the total medical bills, all medical reports and total wage loss documentation.
Compensation for the medical bills is straight reimbursement. The medical reports document your injuries and are used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement. Your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
Your lawsuit for negligence should also include the property damage (cost of repairs) to your car.