Expert: Bennie719 - 11/25/2007

Question
I was on the off ramp (getting off of the interstate) when a drunk driver hit me at about 80 miles per hour, then tried to speed off as fast as he could.  I immediately started following him as I called  the police and told them where he was headed.  I followed him for about 10 miles when he ran off the road and hit an electrical pole.  Well, come to find out, he had a suspended driver's license and no insurance.  The insurance I have is through American General, which is where I have my vehicle loan.  It doesn't cover very much and I know for sure that I don't have uninsured/underinsured motorist.  This is my first wreck, so I'm not sure what to do.  Since I don't have the insurance that will cover my damages, will my insurance company still be helpful?  Should I file a claim in small claims court?  What do you think the best route to take is?  Also, my back is hurting really bad, but I can't afford the medical bills if I go to the hospital.  Any suggestions on that?

Answer
Hi Amber,
Without knowing exactly what coverage you carry with American General, It's very hard to give you a complete answer.
If you can scan a copy of the face sheet of your policy and insert it into a follow-up question, I can give a more definitive answer.
In the meantime, I'll do the best I can with the information available.
You should make a report to American General to see if they can be of help in any way.  In most cases where the lender places coverage on the car, they only place a coverage called Vendors Single Interest (VSI) which only protects the lender for the balance owed in cases where the car is totaled, stolen or they have to reposes it and it has damage.
There is no question that you would win a claim in small claims court.  The court would render a judgement in your favor, but then all you have is a piece of paper that entitles you to collect from the other driver.  The court does not assist you in the collection process.  Since the driver had a suspended license and no insurance, the odds are that he also has no assets, so you would simply have an uncollectible award.
I live in California, and under our law here, we have three programs that would assist you in a situation like this.  You should learn if your state has such programs.
First, in every county we have a County Hospital that provides full treatment to those who have no health insurance and no ability to pay.  People in this category can also get free health insurance through the state called Medi-Cal.  We also have a State Victim's Fund that will pay up to $10,000, depending on the severity of the injuries.
Even though you are in pain, if you have no treatment and no medical bills, then you have no proof of injury and could not get any compensation.
So, make a report to American General, see if your state has any or all of the services that I mentioned above and send me a copy of your policy face sheet.
I'm afraid this is all I can provide until I see your policy.
I hope this has been of help.
Sincerely,
Bennie
San Francisco Bay Area 11-25-07 220 AM PST