Ask Me Help Desk - Can I sue an insurance co. after car accident?

Can I sue an insurance co. after car accident?

Yesterday around 12 I was driving with my friends after school as I'm driving I have traffic ahead of me and behind me. A car shoots out and makes a illegal u-turn and before I could even react I smashed into him. My car was TOTALED, destroyed, it was a total loss. My car smoking my damn license plate was embedded in his car, my windshield was cracked, my entire front bumper was on the ground, it was real bad.

After the accident I went over to him to see if he was okay, he was shook up and told me it was his fault. Clearly it was his fault... The cops and the people around me told me it was his fault and there's nothing I could do..

The outcome of the accident I hurt my neck (nothing too serious), a sprained hand, my knee hurts even worse after a bone bruise after two months ago. And I'm also experiencing head aches. My friend hurt her jaw; she cannot close her mouth, the passenger hurt his chest. I know the passengers have to make their own case and its irreverent to me. The injuries wasn't too serious but my car was completely destroyed. The other driver didn't have a scratch on him.. As I walk over to his car to make sure he was okay I notice there was a 4 year old boy in the car an immediately I panicked hoping the boy was okay, he had no clue of what had happen..

I'm going to the doctors tomorrow for my neck. How much could I sue for?

Do you have auto insurance? If so, did you report the accident to your agent?

Does the other driver have insurance?

Yes and yes.

Does the other driver have auto insurance?

Was there a police report and ambulance called?

I'm sure he does. And yes there was police and multiple ambulances at the accident.

I'm sure he does. And yes there was police and multiple ambulances at the accident. ***I'm sorry--there was a police report

You did not get his insurance and other information? Do you have a copy of the police report?

How old are you?

Quote:

Originally Posted by Wondergirl

You did not get his insurance and other information? Do you have a copy of the police report?

How old are you?

I'm not sure I would have to ask my parents. I'm sure I do. Lets say I do have the information. I just turned 18 last month.

You're not sure you have a copy of the police report? Why not?

What happens is your insurance company deals with this, but you don't. Your insurance company assigns the case to an adjuster. He talks with police and the other driver and witnesses and any passengers and does a huge report on what are called the "facts of the accident." You need to find out who that adjuster is (or he will contact you), and you and maybe your father will be discussing the accident with him.

You can't get a police report right away, it takes 24-48 hours in most places (my son is a police officer).

Were you injured? What are your injuries?

Quote:

Originally Posted by J_9

You can't get a police report right away, it takes 24-48 hours in most places (my son is a police officer).

Here in Chicagoland a police report is written up at the scene and copies given to each driver immediately.

Quote:

Originally Posted by Wondergirl

You're not sure you have a copy of the police report? Why not?

What happens is your insurance company deals with this, but you don't. Your insurance company assigns the case to an adjuster. He talks with police and the other driver and witnesses and any passengers and does a huge report on what are called the "facts of the accident." You need to find out who that adjuster is (or he will contact you), and you and maybe your father will be discussing the accident with him.

I'm not sure because I went in the ambulance and that was that, after that all I've done was speak to State Farm and told them what happened. I did make a police report.

Well everything seems like its against him because he was simply wrong.. If it seems that way is their a good chance I could sue and win? Not that I'm sure you really know what exactly happened. I just need a clear head with this.

Quote:

Originally Posted by VMichaelC

im not sure because I went in the ambulance and that was that, after that all I've done was speak to State Farm and told them what happened. I did make a police report.

Well everything seems like its against him because he was simply wrong.. If it seems that way is their a good chance I could sue and win? Not that I'm sure you really know what exactly happened. I just need a clear head with this.

YOU are not the one who sues. Your adjuster will be contacting you to discuss the accident. SF would be the one who sues in your name, if it comes to that.

Just out of curiosity, why would you sue? He has insurance, you said.

Quote:

Originally Posted by J_9

You can't get a police report right away, it takes 24-48 hours in most places (my son is a police officer).

Were you injured? What are your injuries?

a sprained hand, my neck hurts to move side to side a little, I'm experiencing head aches and I had a knee injury 3 months ago which was a bone bruise the pain is starting to go away until the accident now it hurts a lot.

Quote:

Originally Posted by VMichaelC

a sprained hand, my neck hurts to move side to side a little, I'm experiencing head aches and I had a knee injury 3 months ago which was a bone bruise the pain is starting to go away until the accident now it hurts a lot.

Keep all your medical bills. SF will will want copies. Your passengers should do the same.

Quote:

Originally Posted by Wondergirl

YOU are not the one who sues. Your adjuster will be contacting you to discuss the accident. SF would be the one who sues in your name, if it comes to that.

Just out of curiosity, why would you sue? He has insurance, you said.

$$ plays a key part into this. Everyone wants money. I wouldn't sue the driver because I don't have the heart, it would have to do with insurance and what ever would happen with that. My brother told me about accidents of people and how simple it was and they got a decent amount of money. (Around 30,000)

I mean I am experiencing pain, my car is a total loss. If I have a chance to do something..

Quote:

Originally Posted by VMichaelC

I mean I am experiencing pain, my car is a total loss. If I have a chance to do something..

The other driver should have insurance to cover this -- and if not, your SF adjuster will know what to do from there. Your medical bills will be paid and you will be reimbursed for your car by his insurance company, if the accident is determined to be his fault.

Could the other driver come back at you later and say you were texting or goofing around with your passengers and not paying attention to your driving?

A while back I was hit by a careless driver. She totaled my car, broke my wrist, broke my knee cap. I was in the hospital for 5 days, had surgery on my knee to have the knee cap wired together. 8 months later, back into surgery to have the wire removed.

Here is how it worked for me... my insurance company went after their insurance company for hospital bills, lost wages, therapy, our car... all of that.

I had more to worry about though. The knee injury will be with me the rest of my life... it will never be the same. I can't kneel. I can't squat to lift something... it affected me in the line of work I was trained to do. I sued.

I hired a lawyer and sued the driver... what happens is that suing the driver is just how it's done. The driver isn't the one that pays it out though, it is their insurance company.

So... your car and hospital bills are taken care of by your insurance company who then goes after their insurance company for reimbursement. Beyond that, if you need or want more out of it, you have to hire your own lawyer and he will guide you on how to proceed.

Based on what you said though, I don't think I would be suing unless the injuries are more severe than what you describe.

Quote:

Originally Posted by Wondergirl

The other driver should have insurance to cover this -- and if not, your SF adjuster will know what to do from there. Your medical bills will be paid and you will be reimbursed for your car if the accident is determined to be his fault.

Could the other driver come back at you later and say you were texting or goofing around with your passengers and not paying attention to your driving?

I was doing nothing but focusing on the road. I'm not even sure if he even saw me, because he came out of no where really.. He did admit it was his fault and State Farm and the police stated I am at zero fault.

Quote:

Originally Posted by VMichaelC

I was doing nothing but focusing on the road. I'm not even sure if he even saw me, because he came out of no where really.. He did admit it was his fault and State Farm and the police stated I am at zero fault.

So you have talked with SF? (new information!)

Quote:

Originally Posted by odinn7

A while back I was hit by a careless driver. She totaled my car, broke my wrist, broke my knee cap. I was in the hospital for 5 days, had surgery on my knee to have the knee cap wired together. 8 months later, back into surgery to have the wire removed.

Here is how it worked for me....my insurance company went after their insurance company for hospital bills, lost wages, therapy, our car...all of that.

I had more to worry about though. The knee injury will be with me the rest of my life...it will never be the same. I can't kneel. I can't squat to lift something....it affected me in the line of work I was trained to do. I sued.

I hired a lawyer and sued the driver...what happens is that suing the driver is just how it's done. The driver isn't the one that pays it out though, it is their insurance company.

So....your car and hospital bills are taken care of by your insurance company who then goes after their insurance company for reimbursement. Beyond that, if you need or want more out of it, you have to hire your own lawyer and he will guide you on how to proceed.

Based on what you said though, I don't think I would be suing unless the injuries are more severe than what you describe.

Thank you this was very important. And I'm sorry about all of that, driving is no joke, some people just don't pay attention for some reason I don't know.

So what you're saying is not to sue and let my insurance do all the business? But let say if I ignore this and sue, what would happen?

Quote:

Here in Chicagoland a police report is written up at the scene and copies given to each driver immediately.

That is a preliminary report. Not a complete and comprehensive report.

Quote:

Originally Posted by Wondergirl

So you have talked with SF? (new information!)

Yes I spoke to SF. Yesterday they called and I had to answer questions while being recorded.

Quote:

Originally Posted by VMichaelC

So what you're saying is not to sue and let my insurance do all the business? But let say if I ignore this and sue, what would happen?

Your lawyer would stop you from suing because you haven't dealt with this through insurance first. You just don't go out there and sue.

You don't sue. Your insurance company sues. You will want to keep complete records of your medical bills and copies to SF. You submit everything to your insurance company. They will be the ones to negotiate the recovery of the vehicle as well as the pain and suffering.

Quote:

Originally Posted by VMichaelC

Yes I spoke to SF. Yesterday they called and I had to answer questions while being recorded.

Good. You have the adjustor's name and phone number? Call him and talk to him about the suing thing. odinn7 explained it nicely, apparently better than I have been trying to do.

Thanks guys this was all very important notes. This did happen a little more than 24 hours ago. I am going to the doctors tomorrow. So I'll just see what happens with insurance and after that.

Much appreciated. Thanks!

Quote:

Originally Posted by VMichaelC

So what you're saying is not to sue and let my insurance do all the business? But let say if I ignore this and sue, what would happen?

Ignore what?

Your insurance company takes care of all the needs... you only sue if you need personal injury settlement. In your case, I am saying that it doesn't sound like much really happened to you... of course, I can't judge that online. As far as your car and the doctor bills, the insurance company will take care of that.

Quote:

Originally Posted by Wondergirl

Good. You have the adjustor's name and phone number? Call him and talk to him about the suing thing. odinn7 explained it nicely, apparently better than I have been trying to do.

I have the number written down. After the doctors tomorrow I will speak to my parents and discuss the situation. Are there anything I should expect tomorrow or the next few days?

So far all I have done was placed a police report, went to the hospital and spoke to State Farm about the incident.

Quote:

Originally Posted by odinn7

Ignore what?

Your insurance company takes care of all the needs....you only sue if you need personal injury settlement. In your case, I am saying that it doesn't sound like much really happened to you....of course, I can't judge that online. As far as your car and the doctor bills, the insurance company will take care of that.

I apologize, I fully get the idea of how this works.

At this point I don't see that you have permanent or disabling disabilities. There is no need to consult a personal injury attorney, just from your accounts alone.

All you or your parents can do is keep in touch with SF and provide any and all documents they require.

Quote:

Originally Posted by VMichaelC

So far all I have done was placed a police report, went to the hospital and spoke to State Farm about the incident.

Feel free to call your adjuster (not the agent) who was assigned to your accident and ask questions. He may want you to draw a picture of the streets and traffic flow and which car did what, but maybe not -- he may have enough information. Just relax and let him handle this. And get your medical problems looked at and worked on.

Quote:

Originally Posted by Wondergirl

Feel free to call your adjuster (not the agent) who was assigned to your accident and ask questions. He may want you to draw a picture of the streets and traffic flow and which car did what, but maybe not -- he may have enough information. Just relax and let him handle this. And get your medical problems looked at and worked on.

will do, thanks for the advice and filling my head with knowledge about this situation.

Quote:

Originally Posted by VMichaelC

will do, thanks for the advice and filling my head with knowledge about this situation.

Let us know what happens. I have had SF since before the Grand Canyon was formed, and used to work for them, and I know you are in good hands!

Quote:

Originally Posted by Wondergirl

Let us know what happens. I have had SF since before the Grand Canyon was formed, and used to work for them, and I know you are in good hands!

will do I will bookmark this thread and reveal the information. Thanks

Quote:

Originally Posted by odinn7

....you only sue if you need personal injury settlement. ...

That's not quite accurate.

If the other driver's insurance company won't settle out-of-court for what you and your lawyers (provided by your insurance company) feel you have coming (including personal injury), then they would advise you to sue. The insurer-paid lawyers will still represent you if a lawsuit is needed.