Auto Insurance Claims: lapsed uninsured hit by insured with uninsured motorist, pain and suffering settlements, property damages

Question
Good evening Earnest,

The situation is, I and my 1yr old daughter was rear ended by someone in a Hummer with full coverage (max on uninsured motorist) bodily and property damages.(still impact @ 45mph) I was unaware my insurance had lapsed which made me the uninsured motorist. I file a claim for my daughter and myself for bodily injuries.(insured very cooperative) I have some muscle damage in neck and back and daughter still being checked by her doctor. The claim adjustor keep calling asking is the treatment done (1.25 months.)

Question: Since I didn't have insurance @ the time of the accident will the claim cover pain and suffering settlements as well as bodily injuries the later existing pain and suffering down the line for my daughter and myself? Please help, very awkward and unknowledgeable position.

Thank you and God Bless!

Answer
Alexander,

The other driver's insurance should cover everything.

Your only decision now is whether to retain an attorney or do it yourself.  My feeling on that question is that retaining an attorney will almost always pay for itself in the form of a much higher settlement.

The reason why the adjuster keeps calling you is that he/she is hoping you'll do it yourself and sign a release before an attorney gets involved and they end up paying much more.

It's just how the game works...

Best regards,

Ernest Ferraro