Legal Question in Personal Injury in Illinois
Uninsured Passenger Personal Injury Advice
To sum it up I was the passenger in my friends automobile. I had 0 alcohol level and my friend had a high level and is being charged with Aggrevated DUI. We were in an accident in which we hit 2 trees. My friend was not injured. I was severely injured with a laceration to the liver, broken hip, cracked pelvic bone, broken fingers. I have up to $300,000 in medical bills so far. The auto insurance policy my friend had will only cover up to $20,000 of my medical bills. My friend has no personal assets so I see no use in suing him. I was uninsured (no auto or medical) at the time as I was starting a new job 2 days after the accident. I have been told that because I was uninsured I do not really have a case and can not get my medical bills paid for or any compensation for loss of wages or pain and suffering. Does anyone have any feedback? How am I supposed to take care of these bills that are going to go in for collection? Do I have a chance at a case of any sort?
4 Answers from Attorneys
Re: Uninsured Passenger Personal Injury Advice
Please feel free to contact my office at 312--357--1431 to discuss all of the facts, and to evaluate any possible claims you may have.
Jeff Friedman
Re: Uninsured Passenger Personal Injury Advice
I am saddened to hear about your injuries and financial burden.
There is a possibility that you may be able to make a claim against the person or business thagt provided the alcohol.
I am licensed practice personal injury law in Illinois and Indiana and would welcome the opportunity to discuss your case with you.
Please feel free to call me. You can also find out more about my background at www.indianapersonalinjurylawyer.net
Re: Uninsured Passenger Personal Injury Advice
You have several choices:
1- file a claim with an insured person in your household.
If not,
2- You may file what is called a Dram Act claim whereby the law allows you to sue, under certain conditions, the establishment where the alcohol was served to the person who did the driving--but that is a long shot since you knew he was drunk and you got into the car nevertheless (I am assuming here so if this is not correct let me know).
3- Crime victim compensation act may be a some assistance--it won't hurt to try but it may take a long time.
4- If you cannot get the hospitals to work a deal with you, you may have to consider bankruptcy. Most bankruptcies in the US are by people in your exact situation.
5- Collect your $20k and see whether you can give the hospitals a cut of that in order for them to go away. That may work if you play your cards right but there are no guarantees.
6- There may be other solutions that I may come up with only after having looked at all the documents you have.
I hope this helps,
Taradji Law Offices
Re: Uninsured Passenger Personal Injury Advice
I admit that it does seem discouraging but there are still a few options to consider.
First, with whom did you live at the time of the accident? It is possible that you may be an 'insured' under a policy of insurance for another member of your household.
Second, you should file for 'crime victim' compensation. You seem to be eligible from the information that you provided.
Lastly, you should speak with one of the social workers from the hospital and explain the situation. Usually, a hospital has a charity plan for just this situation.
Please keep in mind that many people are in the same situation as you are - just not to such an extreme. If there is any assistance that you need, please do not hesitate to contact me and I will try my best to be of assistance.
Good luck,
Matt Belcher