Car Accident Sue

When Is It A Good Idea To Sue In Car Accident When It Is...

New postby Otelia » 27 Oct 2012, 12:59

When is it a good idea to sue in car accident when it is not your fault?

I live in CA. My car was hit by sombody who ran a red light and was supposed to be wearing corrective lenses. My car is totaled and I just bought it less than a month ago. When I bought it I had my old car to trade in but I no longer have that leverage. My husband and I both missed a day of work. We have to keep taking phone calls and I'm completly disrupted by the whole thing. My husband was the driver and he isn't hurt but he is going to get checked by a doctor just to be sure. I am not sure if we should sue or not, but I feel like we need to be compensated. Also, we were supposed to go on a road trip in a few days with our new car (Hybrid Highlander) and now we are going to have to pay extra money to get a rental car that is comprable, plus we can't get a hybrid rental so our gas cost will be more!
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New postby Romelia » 27 Oct 2012, 12:59

I can't see a reason for you to sue at this time. If the other party's insurance company doesn't deal fairly with you, then you might want to sue, but definitely not yet.

Unfortunately having to deal with life's troubles isn't necessarily justification for a law suit. As the injured (not-at-fault) party, you are entitled to repair of, or replacement of (Blue-Book value), your vehicle and the cost of a rental car while you are out the use of your vehicle (if it is being repaired), or until the company makes you a reasonable offer to settle the property damage portion. You can also demand damages for his loss of work, medical and pain and suffering (which he is also entitled to - you are not). If the company is paying for the vehicle replacement, that's the bulk of your damages from what you've said. Demand that the insurance company also pay you for the rental car expense, his lost wages, & double his medical costs incurred (for actual medical & P&S) in order to settle. Most likely they will settle with you for that & they will be glad no attorney is involved. Be thankful that your husband wasn't hurt & give him a big hug & tell him so.
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The air bags didnt work when in a fatal car accident can...

New postby Eliana » 27 Oct 2012, 12:59

The air bags didnt work when in a fatal car accident can they sue?

My friend's mom died, and their chevy tahoe flipped over many times, the tahoe was squashed like a soda can, can my friend who survived it sue chevy company? Maybe had they worked her mom would still be here and she wouldnt be in such critical condition?
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New postby Pura » 27 Oct 2012, 12:59

First let me say I'm sorry for your loss. Technically the air bags are triggered by an inertia sensor (a sensor that feels how fast the vehicle is slowing down). There are usually 2 for each direction (front, rear, and sides). If the first sensor feels the vehicle is slowing at a fast enough rate to trigger the air bags, it will signal a control box that it thinks the air bags need to be deployed. That control box will see if it agrees with the first sensor. If the box agrees with the sensor then the bags will deploy. This whole process takes a fraction of a second. What happens is if the vehicle hit something relatively soft like ground or snow it dosen't slow the vehicle enough to set off the bags. And many times a roll over will not set off the bags. Rather it is something to sue over, an attorney would have to make the call. Hope the info gives you a clearer picture of the airbags.
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When suing someone for a car accident do you sue the...

New postby Faustino » 27 Oct 2012, 12:59

When suing someone for a car accident do you sue the driver or owner of the vehicle?

The person ran out of insurance the day prior to the accident therfore do i sue the person who was driving or the owner of the vehicle it belonged to?
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New postby Christeen » 27 Oct 2012, 12:59

I think you should sue both. The driver was in the accident and might of caused the accident. And the owner of the vehicle should be sued also, he did not have insurance for the vehicle.
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I am being sued for a car accident. Can she sue me over my..

New postby China » 27 Oct 2012, 12:59

I am being sued for a car accident. Can she sue me over my insurance limit?

I received the summons with all the medical bills (which I believed were paid by the insurance). Am I responsible for those bills or just the amount for the pain and suffering? I am in shock over this b/c she was fine at the time of the accident. Thanks!
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New postby Miquel » 27 Oct 2012, 12:59

She can try, but she likely won't get anything above your liability and whatever your state's pip (personal injury protection) is.

in massachusetts, pip is very limited ($2k or $8k if the person hurt has medicare or medicaid as their insurance) but beyond that, auto insurance is not involved.

but in other states, pip can be extensive.

so it depends...
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After the car accident, can you sue the individual at fault?

New postby Loida » 27 Oct 2012, 12:59

An accident happened. The other party was at fault.
But the other guy's insurance low balled me. Not paid enough for injurues we've sustained.
Should I sue the insurance company or the individual?
I only had liability. so theres no insurance to back me up.
Even if I accepted the check from the insurance company, can I still sue the person separately apart from the insurance and my settlement?
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New postby Dian » 27 Oct 2012, 12:59

Yes, but you can't double dip and get paid for the same thing twice. If you accepted a settlement, and signed off on it, the chances are you signed an agreement to accept that amount as payment in full for your losses, and agreed to not then ask for more.

If you had said "No" to their offer, you might be in a bargaining position, but it appears from your question you settled. If so, don't waste your time.
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Car accident sue?

New postby Sidney » 27 Oct 2012, 12:59

My sister was in a car accident as the passanger and she suffered a right arm paralysis (for 6 mos atleast).the lawyer is insisting she sue her friend also who was driving the car.i know its not right and i dont want to do it but is she entitled to money from her friends car insurance without sueing the friend? and having her relationship suffer?
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New postby Genny » 27 Oct 2012, 12:59

Why sue ??????

Just have the insurance company pay for her injuries and they will also compensate her something as well for what is has gone through, the reason that the lawyer wants you to sue is that way he or she will get a bigger payday, just think about it and you will know the right thing to do..
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Can I sue for injuries from car accident after a year has...

New postby Fermina » 27 Oct 2012, 12:59

Can I sue for injuries from car accident after a year has passed?

My boyfriend got into a car accident a year ago (may 1st, 07). We have police report stating that it was another guy's fault ( and it really was). He tried submitting a claim to my boyfriends insurance company, but they declined, and he kinda went away. In exactly a year he has put another claim to the insurance company, and they declined again. My question is - can he sue my boyfriend directly ( not through insurance) if it already has been over the year since the accident?
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New postby May » 27 Oct 2012, 13:00

There should be a statute of limitations on this. It is probably something like 5-7 years, but that is the time to lodge the application.

Yes, he can sue, American's believe that they have the right to sue over nearly anything and look like complete idiots when they are in other countries attempting to sue.

So he could lodge a legal application, however his legal counsel is required to tell him that he would have very little chance of success. So it is unlikely that he would sue.

He can sue you directly or go after the insurance company, obviously you are the weaker target and would go for you directly, then you would have to go to your insurance company and get them to pay.

Basically, don't worry until it happens.
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Can someone sue me for a car accident if I have insurance?

New postby Dina » 27 Oct 2012, 13:00

I was in a car accident 23 months ago. I just found out today that I am being sued. I am broke and afraid of what may happen. I had insurance. It was pouring down raining and we were on a hill coming up to a light. I skidded into her because I hit the brakes to hard. Does anyone have any advice or anything that will make me feel better?
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New postby Ardath » 27 Oct 2012, 13:00

Contact your insurance company. Since you had insurance, the person will have to sue your insurance company, you are only responsible for the deductable.
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