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head on collision with uninsured driver?

what do you do when the accident is not your fault and the other driver was not insured? the other vehicle was insured, but the driver was only borrowing it.. who pays for the damages done to the offended party?

Update:

offended party was in critical condition and life flighted to the hospital... it has been 10 wks, and offended party remains in bed and doing exhaustive and extensive therapy to regain use of bones and muscles and tissue fiber that was injured... the medical bills are exhorbitant and not done accruing, not to mention the life CHanging circumstance this has created for injured party.

lawyer says the insurance company is not responsible for more than the coverage in the policy because driver was not on the policy.

if you can sue the insurance company for more, why would the lawyer lie about this?

5 Answers

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  • 1 decade ago
    Favorite Answer

    The insurance that covers the car will cover the damages. When you borrow a car, you also borrow the insurance on the car, which goes with the car, not the driver. Make the claim.

    If your lawyer is saying that, it's time to find someone else to represent you.

  • 1 decade ago

    jesus can you people not read? She said the insurance company IS responsible but only for the amount on the policy, but at 10 weeks the costs have exceeded that. Next sue the driver...I imagine the injured parties insurance is going to have to help out..most ppl have uninsured/underinsured mootrist protection

  • 1 decade ago

    I believe it is the car that is insured, not the driver. So you still may be compensated by the vehicle owners insurance. If not, you may have to use your own collision insurance or uninsured motorist damage if you have it on your policy.

    If you have to pay your deductible, rent a car and or go to the doctor you may need to go to small claims court to try and recuperate your losses.

    Good luck!

    @ Integra, yep..I can read...did you notice our answers were posted prior to her adding additional details.

  • 1 decade ago

    the car was insured, so you should get whatever that policy covers

    then, your own uninsured/underinsured driver coverage on your own policy should cover whatever it covers

    then, you sue the driver at fault for negligence

    but of course, uninsured drivers tend to have no assets.

    Where does your own health insurance play into all this?

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  • 1 decade ago

    The insurance company isn't obligated to pay more than the stated limits of the policy, PERIOD. To get more than that, you would have to sue the individual - for what that's worth.

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