Hello, I was in a car accident one week ago, I was on my phone while driving and as I tried to get into the left lane to turn at a lightstop suddenly a car hit me on the left side as she tried to get in front of me, it was unexpected since she failed to yield right when she exited a private parking lot. I had a lot of pain in my neck and was taken to the hospital in the EMS. I had no serious injuries but just a sprained muscle and was given muscle relaxants and pain medication. I have no insurance and her insurance won't pay for my medical bills or car repairs since she was excluded from her mothers insurance. I am now receiving about $8,000 in medical bills which I can't pay because I don't have a job. I sent her a letter telling her my expses, which she then replied stating that she won't pay for anything and that she has a restraint order against for security puropses she also stated that she has a witness that I was on the phone and that If I decide to take it to court she will counter-sue. I want to know if I can sue her to pay for at least my medical expenses. The car is under her mothers name, I was thinking to sue her mother, and the girl. I need an advice should I take it to court? What are the chances of winning? Should I get a lawyer? And can she counter-sue? I am very worried I need help please, any advice helps.
Thank you very much, God bless

Listen to yourself, please.

"I was on the phone"

Says it all. The first battle will be for the insurance companies to fight out.

I'm sure you can find an attorney to bring forward a suite, that's how they make their living!

A lot of issues. One you are partially at fault for talking on the phone. Second I will take your word the other person was at least partially at fault.

You don't have insurance so legally you should not have even been driving, so your biggest error was to even start the car up.

Next large error the other person should not have been driving if she was not covered on her moms policy .
Was she actually excluded or not on it, ( big difference)

So basically you and her both have no valid insurance to drive.

So sue her, unless she has a large checking account what will you get ? Normally here is where we say, turn it over to your own insurance but you don't have it.

Best you will get is the girl paying you maybe 25 to 50 bucks a month perhaps.