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ccordy30 · Jun 4, 2014, 08:42 AM

In December 2012 I was involved in a car accident. At the scene of the accident I was allegedly at fault. After taking it to court because I was found not guilty. The person that hit me claimed no insurance but was driving his company truck. I want to file a law suit. What can I do? What can I sue for? I was injured, I missed work, I took therapy and I still have back and neck pains every now and than. As for my car my insurance company paid for everything. Please help me. Thank You

smoothy · Jun 4, 2014, 08:52 AM

Just because you were found to not be at fault in court.. doesn't automatically mean they were.

There is a concept of shared fault.

What state did this occur? Rights and options will vary along with the laws depending on location.

ScottGem · Jun 4, 2014, 09:25 AM

Insurance is with the vehicle. Not the driver. So if this was a company owned vehicle, they should have had insurance and you should be filing a claim against their insurer. Do that first, then you can see about a lawsuit.

ccordy30 · Jun 4, 2014, 10:17 AM

Originally Posted by smoothy

Just because you were found to not be at fault in court.. doesn't automatically mean they were.

There is a concept of shared fault.

What state did this occur? Rights and options will vary along with the laws depending on location.

This occurred in Miami Florida

AK lawyer · Jun 4, 2014, 11:08 AM

You are talking personal injury. Law firms specializing in personal injury typically take cases on a contingent fee. Find an attorney to take this case.

Your attorney will probably want to sue the other driver, as well as the company which owned the vehicle.

And if the company does have insurance, don't do anything (and particularly don't sign any release as a condition of an insurance settlement) until you have spoken to your attorney.

Fr_Chuck · Jun 5, 2014, 02:54 AM

You can sue for all damages, ( you may want to check, that your insurance company may also be suing for damages to your vehicle. Depends on how they paid you,

But any money loss, plus possible pain and suffering, you would sue the owner of the truck ( that is where the insurance is) and the driver both.

ccordy30 · Jun 5, 2014, 04:48 AM

Originally Posted by AK lawyer

You are talking personal injury. Law firms specializing in personal injury typically take cases on a contingent fee. Find an attorney to take this case.

Your attorney will probably want to sue the other driver, as well as the company which owned the vehicle.

And if the company does have insurance, don't do anything (and particularly don't sign any release as a condition of an insurance settlement) until you have spoken to your attorney.

My insurance company was crappie. So honestly I think I will take it to
Small claims court and represent myself. I called a few law firms and they seem to be interested only if the driver had insurance or if I had
UM (uninsured motorist coverage in which I did not.

ScottGem · Jun 5, 2014, 04:52 AM

Originally Posted by ccordy30

My insurance company was crappie. So honestly I think I will take it to
Small claims court and represent myself. I called a few law firms and they seem to be interested only if the driver had insurance or if I had
UM (uninsured motorist coverage in which I did not.

You are missing a big point here. Your insurer covered your car, according to you in full. So they weren't that crappy. But they don't generally cover your injuries. That's what the insurer of the other vehicle covers assuming they had liability coverage. And it doesn't matter whether the driver had insurance, it matters whether the owner of the vehicle had insurance.

I still think you stand a chance of recovering and a lot quicker, if you file a claim against the company's insurer.

ccordy30 · Jun 5, 2014, 04:58 AM

Originally Posted by ScottGem

You are missing a big point here. Your insurer covered your car, according to you in full. So they weren't that crappy. But they don't generally cover your injuries. That's what the insurer of the other vehicle covers assuming they had liability coverage. And it doesn't matter whether the driver had insurance, it matters whether the owner of the vehicle had insurance.

I still think you stand a chance of recovering and a lot quicker, if you file a claim against the company's insurer.

I no longer have that company BUT I will be calling them today. I spoke to the company at the time of the accident, and they told me being that the driver had no insurance records on file they can't go after him. That I would need to do it on my own.

ScottGem · Jun 5, 2014, 05:35 AM

Originally Posted by ccordy30

I no longer have that company BUT I will be calling them today. I spoke to the company at the time of the accident, and they told me being that the driver had no insurance records on file they can't go after him. That I would need to do it on my own.

In other words they BSed you and you fell for it. Again, insurance covers the vehicle. So the company has have insurance for the vehicle. The driver does not have to have personal insurance. It is up to the company to decide whether to let the employee drive their vehicle. Once they do, they assume responsibility. Whether they can go after the driver or not is not your concern. Your concern is that you are covered for your expenses. You needed to submit a claim to their insurer. Hopefully its not too late. You may still have to sue, but if you can get their insurer to cover your expenses, you are likely to get the money sooner than in a lawsuit.

ccordy30 · Jun 5, 2014, 05:38 AM

Originally Posted by ScottGem

In other words they BSed you and you fell for it. Again, insurance covers the vehicle. So the company has have insurance for the vehicle. The driver does not have to have personal insurance. It is up to the company to decide whether to let the employee drive their vehicle. Once they do, they assume responsibility. Whether they can go after the driver or not is not your concern. Your concern is that you are covered for your expenses. You needed to submit a claim to their insurer. Hopefully its not too late. You may still have to sue, but if you can get their insurer to cover your expenses, you are likely to get the money sooner than in a lawsuit.

Another thing to yes it was a company vehicle but it was his own personal company vehicle. He owns a bounce house company.

ScottGem · Jun 5, 2014, 05:54 AM

I'm not sure I understand that. It doesn't matter whether it was a company vehicle assigned to him for personal and business use, it was still owned by the company and the company had to carry insurance. If he owned the business, then you need to know the type of business (sole proprietership, corp, LLC, etc.).

AK lawyer · Jun 5, 2014, 06:24 AM

If OP went to attorneys who were not interested, it is starting to appear that the employer company is uninsured and judgment-proof. OP could have a good case for "piercing the corporate veil", but the owners may be judgment-proof as well.

The driver, and possibly the employer, can be charged with operating a vehicle without insurance, but the only way that will help OP recover damages is if a restitution order is entered.

ccordy30 · Jun 5, 2014, 06:24 AM

Originally Posted by ScottGem

I'm not sure I understand that. It doesn't matter whether it was a company vehicle assigned to him for personal and business use, it was still owned by the company and the company had to carry insurance. If he owned the business, then you need to know the type of business (sole proprietership, corp, LLC, etc.).

I'm sorry but how do I find out that information.

ccordy30 · Jun 5, 2014, 06:47 AM

Originally Posted by AK lawyer

If OP went to attorneys who were not interested, it is starting to appear that the employer company is uninsured and judgment-proof. OP could have a good case for "piercing the corporate veil", but the owners may be judgment-proof as well.

The driver, and possibly the employer, can be charged with operating a vehicle without insurance, but the only way that will help OP recover damages is if a restitution order is entered.

Okay. So tell me what do I need to do??

AK lawyer · Jun 5, 2014, 07:54 AM

Originally Posted by ccordy30

Okay. So tell me what do I need to do??

If no lawyer is willing to take the case, chances are that either
1. the driver was probably not at fault;
2. all potential defendants are judgment-proof (meaning that none of them have a pot to tinkle in); or
3. some combination of the above.

In that case, other than insisting that the authorities pursue them for lack of insurance) chalk it up to experience and move on.

ccordy30 · Jun 5, 2014, 08:02 AM

Originally Posted by AK lawyer

If no lawyer is willing to take the case, chances are that either
1. the driver was probably not at fault;
2. all potential defendants are judgment-proof (meaning that none of them have a pot to tinkle in); or
3. some combination of the above.

In that case, other than insisting that the authorities pursue them for lack of insurance) chalk it up to experience and move on.

Okay. I just spoke to the insurance company that insured me and they told me to send them the paperwork from the judge saying that I was ruled not guily/not at fault and they will re open the case and go after the driver for at least my deductible back and lost wages And encouraged me to file a law suit with an attorney or small claims court.

AK lawyer · Jun 5, 2014, 08:16 AM

Originally Posted by ccordy30

Okay. I just spoke to the insurance company that insured me and they told me to send them the paperwork from the judge saying that I was ruled not guily/not at fault and they will re open the case and go after the driver for at least my deductible back and lost wages And encouraged me to file a law suit with an attorney or small claims court.

You should understand that while a judge determine that you had not been proven guilty of a traffic violation, that doesn't mean you were without fault. Also, it could be that in a civil court it could be determined that the other driver was not at fault either.

How much (in dollars) do you figure you are damaged? It could be that the lawyers aren't interested in taking the case because the amount is not worth their trouble.

If the insurance company is going to actually sue, the suit should include your action. There can't be two different lawsuits for the same accident.

ScottGem · Jun 5, 2014, 08:33 AM

If your insurer is looking to reopen the case, ask them to find out the insurer of the other car. They can get those records.

If the reason you are not getting attorneys to take your case is due to them being judgment proof, then even if you win, you will have a hard time collecting.

aliseaodo · Jun 12, 2014, 09:03 AM

I know it's a few days late - but I was reading it as the uninsured driver actually being the company owner, maybe that is why the op is trying to sue him personally.

Another thing to yes it was a company vehicle but it was his own personal company vehicle. He owns a bounce house company...