I received a letter from my car insurance the other day regarding a car accident in April of 2005. I was hit from behind at a stoplight by an uninsured motorist and my car was totaled. I received a payment for the car and all medical bills. My agent is now asking when I want to “settle” the uninsured claim. The only thing I can think of is that there is a state fund that pays people like me for my distress. I had been working as a home health nurse for the previous 3 years, and after the accident I have not been able to drive any distance due to acute and chronic stress
disorder (my psychiatrist’s terms, not mine). So I found a job that was about 3 miles from home but it paid less. I guess I just want to hear from anyone who has had a similar experience. I wasn’t expecting any more money but it would be nice.
It’s probably an offer to settle under the uninsured motorist coverage on your policy. They settle an amount with you and depending on how much it is turn around and sue the uninsured driver for that amount.
I’ll also take the opportunity here and say…Do not decline uninsured or underinsured coverage on your car insurance!! It doesn’t cost much and can be very worth it.
Your rights will vary by state, and you really ought to seek advice from a lawyer licensed in your state.
In general, for a personal injury case, your damages may include lost wages, travel to medical appointments, pain & suffering, prescription meds, long term impairment if any, medical bills, that kind of thing.
Most important thing to remember is that your case has a statute of limitations…a period of time during which you may sue for damages. The clock is ticking, and the time limit varies by state, but when the time limit expires, you lose the right to sue.