I need an answer quick, please! My son was in an auto accident. The other driver was at fault, and uninsured. Does the insurance company for our car now sue the other driver for us, or is our insurance company now really not on our side?

No, the insurance company is absolutely on your side. This is when they really come in handy. They are your advocate in court battles. That is explicitly stated in your paperwork with them. Not only do they cover the financial costs of repairs and hospital and stuff, they provide high paid, really powerful attorneys. Typically, if you have uninsured motorist coverage, they will settle your disputes ($$$) first, then subrogate, which means then they will fight the other guy for THEIR money.

It depends on your insurance company and how much time you have to devote to getting your money. We dealt with this last year and our insurance company (Farm Bureau) told us they could write us a check for the value of the car and then they would take the other person to court to get the money but that could take a long time.
Because we needed a vehicle asap we couldn't wait that amount of time and just "settled" with the other person. Did we get screwed in the whole deal? Absolutely! But it would have been more devastating in lost wages by not being able to get to work.

They are most certainly on your side because in most states it is required for you to have uninsured motorist coverage.

What this usually means is that you will be required to pay your deductable and your insurance will cover the rest. The company, will in turn decide what course of action they wish to take against this individual to recoop the money.

So many of these legal questions call for information about the State involved. In California, for example, all insured motorists are required to have uninsured motorists insurance. UM coverage provides payment on behalf of an uninsured motorist who is at fault for causing your son's injuries. Check with your insurance agent about whether you have uninsured motorists coverage. Also check with the agen about any possible benefits your son may have from your auto insurance.

I believe they are on your side. It will be to your benefit if you have uninsured motorist. Unfortunately, there are a lot of people in this country driving without insurance because they are not allowed a driver's license.

Your course of action depends on whether your son was injured and the seriousness of his injuries. Your insurance company must pay for the injuries. It is to their benefit to minimize the valuation of the injuries, so that the insurance company has an interest which is adverse to yours. Lawsuits arise when the insuror won't pay you, the insured, what you feel is fair value for the personal injury.

only if you have underinsurened motorist.

call them and ask them. And for $25-$50 you can consult a lawyer with that question.

same type of accident happened to me years ago. Young mand driving early AM, hit my parked 1965 Chevelle SS, destroying the fronend and doing some damage to my brand new motor, just put in earlier in the month. High $$ motor. Hit my car so hard, it was pushed back into my mothers NEW 1976 Malibu and damaged her frontend also

He had no insurance. We had to accept a claim from our insurance company, then they went after the boy and his parents.

We also filed a lawsuit againt them for additional claims not covered by our payout and liens were put on their propertyby our family friend attorney, whom we paid to rep.. us.

End result: moms car got fixed, since it was new. Over $6,000 estimated damage to my SS, not to mention external damage to the NEW motor, that had to be fixed.
Total estimate for my car was almost 10K....

Rebuilt the motor,kept it, trashed the SS for scrap $$ at the junk yard. Cried for about a month...

LOST OUR BUTTS, since this idiot had no coverage.

Whenever an uninsured drive is involved in a MVA, it throws a wrench into the system. The claims will be decided in arbitration and will likely be paid by your insurance company. It creates a conflict because your people will be getting personal injury settlements, if any, from your insurance carrier.

Your insurance might sue the uninsured motorist, but usually guys that don't have insurance don't have assets either, so many times, attorneys don't bother filing a lawsuit. It saves everybody costs and time.

Get an attorney

you need a lawyer sweet..if your son was badly injure and this injuries are going to effecthim for the rest of his life you need to go after the driver...if your son is cover under personal insurance through work and they denied his claim you will sue them too...your son car insurance should slso cover some of your son's medical and other expenses... Not too sure where you are but there is this firm call DAvid Share Associates located in 'toronto Ontario they only deal with canadian cases though....