General Question

El_Cadejo's avatar

Should I sue?

Asked by El_Cadejo (34489points) September 3rd, 2008

Last night on my way home from work i got into an accident. I was driving in the left lane and there was a lady in the right lane about a cars length in front of me. She tried making a left turn from the right lane in front of me driving down the highway to get to the gas station on the left side of the road.(cant resist that bargain gas <rolls eyes>) I was going 55 at the time and slammed on my brakes but still probably hit her around 45MPH.

I have no major physical injuries, but my back and neck are all screwed up from the whiplash and i have to stay out of work for a while. Nothing was broken though luckily. The only thing that scares me is possibly having chronic pain for the rest of my life because of this. Heres my truck and her car.

The cops determined the accident was completely her fault and there was nothing I could have done to avoid it. I’ve never been in an accident or anything before so i really dont know, but is this something i should sue for?

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22 Answers

Lovelocke's avatar

Sue? Nah. Report it to your/her insurance, they’re supposed to take care of it. If they don’t want to, then get a lawyer involved.

…you did get her insurance, didn’t you?

MissAnthrope's avatar

Yeah, either she should have insurance to cover your medical bills or she’s supposed to pay out of pocket. If neither wants to pay, then I would get a lawyer.

I’m glad you’re mostly okay, though.

Lovelocke's avatar

Additionally: You can call any number of lawyers on the telephone. Each and every one of them allows everyone a free consultation… you can use it to very briefly ask your question, hear out their advice, and if you think you’ve “got something” then you can visit the fellow in person and see about doing “what needs to be done”. Be sure to shift the cost of the attorney towards the person you’re sueing…

…also, you wouldn’t really “sue” the person, I believe… more like the insurance company for holding out. Unless the person has no insurance, in which case… you could win $200,000 or whatever, of which that person might be able to pay out $10,000 over a lifetime.

JackAdams's avatar

It might not be something you should sue for, but that is a question best decided by some greedy, blood-sucking attorney.

September 3, 2008, 11:26 PM EDT

gailcalled's avatar

Dear Uberbatman Uberbatman; First, I am sorry and second, I think you should concentrate on mending. But it’s not a bad idea to rattle her chains a little, when you feel up to it. Document everything carefully when you feel better. Back injuries can be tricky, even at your age. If you are thinking about getting a lawyer, my personal feeling is to get a recommendation from family or a trusted friend. I would not let MY fingers do the walking, in this case. Gail

windex's avatar

based on her car…no

:)

cyndyh's avatar

Gail’s right. It’s not like you have to decide this week or this month. Let yourself start to get better first. Just don’t agree to accept anything to settle things without a good long think and read all the fine print on any agreement attached to any check offered. I’d talk to a lawyer before signing anything.

tWrex's avatar

You are probably only going to be able to sue if you have to be out of work for a bit or you sustain bad injuries. You could probably talk to your insurance about your options. On the other hand my parents got rear ended about 6 years ago and got sued. The insurance settled it, but it was retarded.

mee_ouch's avatar

Please be sure that you have palpable documentation from a reputed physician. Specifically one experienced in these types of injuries. With the current trend towards injurious lawsuits, you’d best find a doctor who’s treated accident victims. Only then should you make the decision to seek legal counsel.

Above all else, if you decide to proceed with civil litigation through any advice other than supportive evidence, it may be deemed coercive and erroneous. Be careful. Don’t become one of the many who think they can sue for just about any wrong-doings.
Accidents happen all the time and you’re well within your rights to seek financial compensation. Especially if you’ll be stuck with medical/pharmaceutical fees to maintain a level of comfort. However, the current cultural trend to sue for any personal injury is becoming absurd. Don’t fall into that trap, or you’ll suffer chronic pain of a different sort…..

El_Cadejo's avatar

Alright, i wanted to wait it out and see how i was feeling, but i wasnt sure if there was any statue of limitation with something like this. The police officer said i can also have her get a ticket and if i so please, it must be within the next 30 days. So i have to go over there and get that all straightened up. Like many of you said, america is sue happy. I really dont want to be like that, but at the same time, i dont want to have to suffer the rest of my life because this lady doesnt know how to drive. This woman really shouldnt have been on the road in the first place. After the accident occurred she asked me in an angered/confused tone “why did you hit me?” and then said “i saw your truck in front of me.” To make matters even more complicated, shes not even from NJ she lives in Delaware and was up here visiting or something.

As far as not working goes, at the ER they said absolutely no work for the next 3 days then determine how you feel. Also see your physician within the next week. I’ll keep everyone posted on what happens.

skfinkel's avatar

So scary, uber—glad you lived through this, and were able to let us know about this.

Wait and see how well you get. If you do get all better, which is your hope, no need to sue. If you don’t, then you have recourse.

Meanwhile, make sure she gets a ticket, and whatever else can help her insurance rates rise to a level where she won’t want to drive anymore.

And, get better. That’s what’s really important!

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marinelife's avatar

You may want to get an attorney. Definitely do not sign any kind of settlement (preferably do not even talk to anyone from her insurance company—they hold what you say against you later) until you have been given 100% clearance.

Insurers will pay for both chiropractic and massage, because both speed healing when you have soft tissue injury.

When I had an accident where we were rear-ended my back and neck were not the same for months. I am sorry to hear that you were hurt. Give yourself lots of time to heal and do not be pressured into anything.

El_Cadejo's avatar

@Marina Ok dont talk to her insurance company, But as it stands right now i have no vehicle so id have to get a rental. Wouldnt i have to contact them for sorting that out?

gailcalled's avatar

Let your insurance company make the arrangements. Meanwhile, don’t get too stressed or angry (I know that is a tall order. Back and neck soft tissue respond to that. Be Zen-like, if at all possible.)

marinelife's avatar

@ubtmn As gail said, your insurance company will get you the rental and get it back from them same as your medical costs.

El_Cadejo's avatar

Alright cool. As you can probably tell, i really have no clue what im doing, this is my first accident. So i want to make sure i dont screw anything up.

marinelife's avatar

Even if you don’t want to consult an attorney, many of them have guidelines on their sites. BTW, if you have not, you should file the accident report with the police ASAP.

Take care.

El_Cadejo's avatar

The report was filled, cops were called as soon as it happened. Like i said above, i didnt go to the police station to have her get a ticket yet, but i will be doing that soon as well.

La_chica_gomela's avatar

uber! i am SO SORRY! i was in a bicycle/car accident TODAY, and i definitely know how you feel mentally. this woman in this huge SUV was at a stop sign, she slowed down for it, but then instead of completely stopping, she just went right into a right hand turn and right into me on my bike. It hurt my right hip pretty bad, but i didn’t get thrown off the bike. so i’m not hurt too bad physically. a little bruised, but i didn’t have to go to the hospital or anything. i don’t really have any advice, i just wanted to say, i feel ya, and get well soon!

El_Cadejo's avatar

Holy hell, your lucky you didnt get thrown off the bike. Hope you feel better as well. ^_^

gailcalled's avatar

@Uber;

I just had a memory flash. 20 years ago on a deserted side street, my ex. stopped at a stop-sign and then let the car roll a little. Out of left field came an elderly man who walked into side of car, then going about 5 mph. My husband offered to drive him to ER or home. The guy refused

Four months later my husband was sued for injuries that the guy could not possibly have sustained from the incident. There were lawyers, post hoc trips to hospital, weird and untrue charges…and legal bills. Finally the my husband’s insurance co. settled for an amt that was reasonable in those days.

But these incidents can spring up and bite you since lots of people, as we sadly know, have no compunction about lying and slandering.

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