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Suing insurance co. after car accident?
I was involved in a car accident where my SUV was hit from behind. Basically I was stopped behind two cars making a left turn (I was in the left lane) and the car who hit me didn't stop.
It's estimated he was going about 50 km/h and hit car was damaged pretty bad, mine wasn't (since it's an SUV). This happened two days ago and I've noticed I have lower back pain now, especially when laying down and sitting. What would be right steps to take when it comes to suing his insurance company? They already accepted full responsibility for repairing my vehicle and the other driver got a careless driving ticket from the attending officer. |
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Since they are accepting full responsibility, a lawsuit shouldn't be necessary. Just tell them about your neck and back pains and they should cover your medical expenses as well. Notify your insurance company as well and depending on what coverage you have on your policy, they can cover your medical expenses and seek repayment from the other company. |
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You can sue anyone for anything. The matter of you winning is questionable. You're saying that your car wasn't damaged much makes it doubtful that you sustained any "serious" injuries. You'd more likely have a case for pain & suffering if your car was totaled, if you lost a limb, had head injuries, or if one of your passengers died. The fact that you haven't even been to see a doctor yet doesn't sound like you're in much pain or suffering from anything. Honestly, a simple rear-end doesn't warrant much for pain and suffering. Although you would be entitled to your lost wages. |
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 Originally Posted by Rott25
Suing and winning are TWO different things... If you want to WIN, you're going to have to show some PROOF that you actually HAD some pain. SAYING that you do ain't going to cut it. You asked for advice here. NK is an EXPERT. I'd listen to her. excon |
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Sure, speak to an attorney. They will charge you what we've already told you here for free. The other driver's Liability insurance will cover your [mythical] pain & suffering so if you seek the aid of a lawyer, that's what he/she would be going after. It doesn't sound like you really have much of a case. Your injuries weren't serious enough for you to be carted to the hospital via emergency transport. Heck, your injuries aren't serious enough to warrant you even seeing a doctor yet. As I've already stated, you're entitled to having your medical expenses covered as well as any lost wages that are a direct result from this accident. Pain & suffering implies that there is a residual loss beyond just car repairs and medical expenses (ie- has your quality of life been reduced since this accident?). |
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I got a car accident in 2011 during my business trip. I was hit by two cars, the driver at fault does not have driver License, the owner of the car does not carry a valid insurance. My head was hit really bad, I was ended up with almost 3 months of sick leave. My work compensation provided me 60% of salary, as my accident was related to business trip. I filed my claim with my own insurance company, they denied my claim of loss wages and pain and suffering. The state I had my car accident is a non fault state. Should I sue my own insurance company? Suing my own insurance company would bring any negative impact on my current job?
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Hello I:
You say the owner of the car doesn't have insurance, but does he own property?? I couldn't tell you if you should sue your own company because I don't know what kind of coverage you had. Certainly, you can run this by a lawyer, and I would.. You shouldn't be charged for an initial consultation. excon |
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On firday the 6th of July, a car service (lincontown) driver passed a stop sign and hit me on the passenger's side rear wheel while driving. My 4 year old son was in his car seat same side. My car lost control but was able to stop it. Got out of the car was shaking could barely walk... checked upon my son he seemed OK. My car was towed because the rear wheal was shifted. No dents nothing at all just got hit on the wheel. When I tried to drive the car was making a loud squeekin noise so ihad to tow it. Since everything seemed OK I went home. Next day I felt sore on both shoulders and today I feel pain on my index and little fingers.I spoke to my insurance company on the same day of the accident reporting that there where no injuries but the car... etc.
Am worried about my son (too little to explain any pain from seat belt or any intrenal stuff), my fingers... sounds weird but the index left finger is hurting when I try to squeeze. My car is a nissan murano 2007 with 37,000 miles on it. Could be something serious to the car? What should I do? |
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Originally Posted by AMPHI
You DID say YOUR insurance company, right? I don't know why you reported to them.. They're not going to cover any losses you have, unless you can't collect against the towncar driver... Hopefully, you got that information... But, don't YOU call them... They'll get you to say something about no injuries too, and then you'll be screwed... If it was me, I'd hire a personal injury lawyer on Monday morning, and do what he says. excon |
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Originally Posted by excon
But be aware that PI attorneys normally ask for a contingent fee (which means they get a percentage of the amount recovered). And you should also understand that you do have the right to pay the lawyer by the hour; or you can negotiate the contingent fee with the lawyer. Excon has a valid point in advising you to have an attorney negotiate with the insurance company, instead of dealing with them directly. But if you are concerned that an attorney would recover exactly what you would get by dealing directly with the insurance company, here is another optiion: Make a claim against the insurance company and wait to see their highest and best offer. Make sure this is after you know your son hasn't sustained any injuries. Then, see an attorney and agree that the attorney gets paid a generous percentage of anything above that offer. |
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Originally Posted by loulawsuit
No, you have to achieve service of process against the insured driver if you file a lawsuit. But first you should make a demand against the insurance company. Chances are that they will make you an offer if it appears that the insured was negligent. If push comes to shove, and you have to sue the driver, there are ways of achieving service of process upon defendants with PO boxes. |
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