Uninsured Motorist Right of Recovery...

by Anonymous
(Delaware)

I'm a resident of Pennsylvania, but I was in an accident in Delaware that was not my fault. However my auto insurance had lapsed so I was uninsured at the time of the accident.

Since I was not at-fault, can I still bring a personal injury claim for my unpaid medical bills as well as pain and suffering?

Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information you provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when making decisions about your case. You should always get a formal case review from a licensed attorney.

ANSWER for "Uninsured Motorist Right of Recovery...":

Anonymous (Delaware):

Yes you can file a personal injury claim for your medical bills, out of pocket expenses, lost wages, and possibly pain and suffering. Your lack of insurance doesn’t matter. It has nothing to do with a claim where you were not at fault.

Hopefully the Police were called and a Police Report was created. Police Reports sometimes include citations to either driver indicating which one of them was at fault.

Even if a citation wasn’t issued Police Reports normally have an area in which the Police Officer can draw a diagram which evidences their opinion of the location of both drivers at or about the time of the collision. Police Reports also sometimes have witnesses’ names and addresses.

Call the at fault driver’s insurance company and report the collision. Hopefully the at fault driver has already reported the collision herself.

Insurance company policies require their insured to report a collision in which they were involved. Not doing so can excuse the insurance company of the responsibility to pay the claim.

Make sure you continue medical treatment and related care. Don’t wait until the at fault driver's insurance company agrees to pay. Waiting can exacerbate your injuries.

Once a claim is established the at-fault driver’s insurance company will assign a Claims Adjuster to work with you. Be sure to record the claim number. It will continue to be a reference point throughout your treatment.

If you are having trouble pursuing your claim you can always seek the advice of a skilled Personal Injury Attorney. Most will not charge any legal fee for an initial office consultation.

Whether you decide to retain the Attorney or not, at least you will come away from the consultation knowing your legal options.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy