How many times have you been running or biking along the streets of Memphis when someone driving their car barely misses you? It may have been because they were talking or texting on the phone, or even worse, they may have simply not wanted to give you the proper right-of-way or passing space. If you’re lucky you came away with just a close call. And in a worst case scenario someone you know and love may have lost their life due to the carelessness of someone else.
If you’re the unlucky person whose been hit by a car you may think that there is nothing you can do, and that you’ll be stuck paying for the medical bills and property damage out of your own pocket. But did you know that you might not need to do this on your own dime?
Even if the driver who hit you doesn’t stop or doesn’t have insurance you still may be able to receive help paying your bills and restoring the property that was damaged. How can you get this? By looking to see if your own car insurance coverage can help.
Most people don’t have a clue that their own car insurance coverage can help them even when they are hurt nowhere near their car. But if you have uninsured motorist coverage (UIM) on for your vehicle then you most likely will be able to recover and be compensated for your injuries, pain and suffering and property damage.
If you’re someone who is active and always moving you need to call your insurance provider today to see if you have UIM coverage. If you don’t then add it right away. The cost is very minimal and it can mean all the difference in the world if you’ve been hit by someone while enjoying the great outdoors. With UIM coverage in place, injury attorneys like me will actually be able to help you get back on your feet and back outside.
Jami Ferrell is an avid fitness enthusiast who can be found running the streets of Germantown and hanging with his family outside throughout the year. He is also an injury and accident lawyer who focuses on helping victims of serious and life-changing accidents, and is the author of the book “7 Deadly Mistakes That Can KILL Your Memphis Accident Case.” Jami can be reached at 901-754-1340 or by email at James@LawFerrell.com
My husband was a victim of a hit and run August 29,2010 during a charity bike run at Madison and Cooper, we learn later she turned herself in, my question why should we use our own insurance and will the coverage go up. And does the city of Memphis have something in place for Victim who are hurt on city street. What, if any thing ” can we do to assure a stiffer sentence.
I love your article very helpful.
Mrs. Oglesby,
I’m glad that you found my article helpful. I try to provide as much information as possible for victims like your husband and yourself. (Spouses are definitely victims as well whenever there is a major accident such as the one your husband was involved in.)
I am familiar with the event that your husband was riding in, and heard that he was hit at Cooper and Madison during the ride. I understand that he was in the hospital for several weeks due to his injuries, including a broken pelvis. I certainly hope that he is beginning to feel better now.
In your situation it’s definitely going to be best that you use your uninsured motorist coverage on top of any coverage that the driver of the vehicle may have had. (Do you know if the driver had insurance?)
The first reason is because I am assuming that there are considerable medical bills involved with your husband’s treatment. And in many, if not most, cases I work on the liability insurance of the driver who caused the accident is not nearly enough to even cover the medical bills, much less the other damages for pain and suffering. Lots of times if the driver has any insurance at all it’s only the state minimum of $25,000.
In your husband’s situation $25,000 of insurance coverage would not begin to be sufficient. So it’s important that you bring in any underinsured motorist insurance coverage that you may have. I don’t know all of the facts of your husband’s case, but IF there is sufficient insurance coverage it will likely settle before trial easily in the six figure range, if not more.
You also stated you were concerned about using your own insurance and having the rates go up. Luckily for you this isn’t something that will happen. Tennessee law, in T.C.A. Sec. 56-7-1201 (f), states that your insurer cannot raise your rates based solely on the paying of underinsured/unsinsured motorist claims.
There may also be several different avenues that you can pursue in order to recover more for your husband’s injuries. The possibilities include the city and insurance that the organizers of the event may have had. Although it would probably be difficult to impossible to recover anything against the city there is probably a good chance for the potential to recover against the ride event’s insurance.
Mrs. Oglesby, your husband’s case is potentially a very big claim. I would suggest that you speak with an attorney that handles these types of cases and that you trust. With this type of case I believe that you would be able to recover much more with the help of a lawyer, even when you take into account the contingency fee of the lawyer. But be very careful of any lawyers who may be trying to solicit your business or contacting you without your permission. It might be the case that the type of attorneys that those type of unethical actions are simply interested in getting as much as they can for them, and not for you and your husband.
In regards to what you can do to make sure the driver of the vehicle that hit your husband get’s the stiffest penalty possible, if I was your attorney I’d contact the District Attorney that is handling this case and make sure that they are aware of your feelings. You want to make sure that they know you want this person prosecuted to the fullest extent possible. I would also tell them that you would like to testify if there is a trial. If you aren’t involved in this case then it’s very possible that they will be let go with just a minor slap on the wrist.
If you would like more information from me please feel free to contact me at 901-754-1340 or email me at James@LawFerrell.com. Emailing me is often the quickest way to get a response and I would be happy to set up a time to speak with you either in-person or over the phone. Doing this would allow me to answer any other questions that you may have. And if you are looking for a lawyer to represent you (which you really, really do need) and I don’t think I’m the right person to help you with this case then I’ll refer you to the person that I believe can.
Sincerely,
Jami Ferrell
901-754-1340
James@LawFerrell.com