Legal Question in Personal Injury in Missouri

on january 9 2011 i was in a auto accident i was apassenger in a car that hit another vehicle head on the driver in the car i was in was drunk had no driver license no insurance he crossed the center line on perposse trying to hurt me. as of 32 dayslater he is stll a free man he was never arrested can i sue anyone for letting him walk away

Asked on 3/02/11, 2:29 pm

2 Answers from Attorneys

Ryan Bradley The Bradley Law Firm
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You can file an uninsured motorist claim against your own insurance carrier, if you have car insurance. In addition, if you live with anyone (mom, dad, brother, boyfriend, etc), you may be able to claim UM on their car insurance. Call us if you were injured (has to be more than cuts and scrapes) and there is insurance. 3147219111.

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3/02/11, 2:39 pm
Michael Harvath Harvath Law Offices-INJURY case representation
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Hi. I am a Missouri injury attorney that focuses my practice on auto accident claims throughout all parts of the state. I am sorry to hear about this incident, and I hope you are doing ok and were not seriously injured.

Yes, it does sound like you may have the option of suing the driver. Additionally, he could be facing criminal charges, although there is a procedure you need to follow to ensure that the prosecutor files charges against him, and also that he is made to pay you for your pain and suffering, lost wages, and any medical bills. I am not certain from your question as to whether any charges have been filed against him yet or not.

In addition, or as an alternative, you could likely file a claim against your own insurance company if you have auto insurance, and you have what is known as "uninsured coverage". This is an option with your insurance that will pay for all your medical bills, lost wages, pain and suffering, and future expected costs when the other driver had no insurance. In order to determine if you have this uninsured coverage, it would be necessary to look at the documents of your insurance policy, provided that you have insurance. Remember, even if you do not have insurance, it can be possible to have the driver pay directly. I do not know what type of injury you sustained, so without additional detail, I cannot provide an estimate of what you may be entitled to in compensation. A bit more detail would be needed to figure out what your exact options are.

For your convenience, I can be reached via e-mail at mth2000@yahoo.com. Our firm website is: www.harvathmissouriillinoislawyers.com. Thanks.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client privilege or relationship between the user and the attorney responding.

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3/03/11, 10:56 am

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