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I was rear-ended by someone without insurance; can I sue?

GOT REAR ENDED BY SOMEONE WITHOUT INSURANCE AND HAD TO GO TO THE HOSPITAL. CAR TOTALLED!! I was dead stopped for at least five minutes when the car in back of me came up at rear ended my car. The driver didn’t even try to stop and hit us going about 40mph. My husband and I both went to the hospital and have bruising and sore neck and back. The driver has no insurance and my car is totaled. Can we sue? Anyone willing to take on this case please let me know.

As far as your personal injuries are concerned, you should make a claim for uninsured motorist’s benefits under your own auto policy on the car you were driving. Regarding the loss of your car, hopefully you have collision coverage under your same auto policy, and if so again you will be making a claim under your own auto policy. In the meantime, I would submit all of your medical bills to your health insurance company.

Questions and answers taken from my Avvo profile.

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Ronald F. Wittmeyer, Jr. practices plaintiffs' personal injury law at his office in Arlington Heights, Illinois.

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