I live in Las Vegas and I was involved in a car accident in November. There were 6 cars involved and this process is being UNUSUALLY long. It is impossible to get in contact with one of the claimants so we can not settle for our car damages. Can I sue the individuals that were held respoinsible for the auto accident?
2007-01-23 03:14:24 · 17 answers · asked by num1grl 2 in Cars & Transportation ➔ Insurance & Registration
Girl, this is AMERICA where you can sue anyone for anything. And there are a zillion lawyers that will defend your right to do it.
I assume that your insurance company has been in touch with theirs and things are stalled or slower then you wish. But keep in mind that some times things move slow or a reason.
With that said, if you feel the need to move things faster you can either consult with an attorney for advice on a suit or, if your damages are under whatever Nevada's small claims limits are, you can sue the parties involved.
There are a lot of questions that you have not provided outlines for but here are some basics and potential drawbacks.
a) You should likely sue the person that actually caused damage to YOU. Not the person who started the mess. That means if you had five cars lined up and one person hit the rear causing a chain reaction, your claim is against the person behind you. If you hit someone in turn, he has a claim against YOU. The general idea is that the 'bills' start at the front of the line and are added to the next vehicle as they move down. If you try to jump start in the middle you may settle with the guy behind only to later be sued by the one in front. At that point you may have no recourse because you have already settled with the one behind you.
b) Even if you accurately predict the costs, and choose to sue everyone, you can only collect actual cash from the people you have identifed. That means that if there were 6 other people involved and you sucessfully get a judgement agains them all, each will likely pay their share (lets say 1/6th). But since you have not found the 6th person you can only actually collect about 80% of your loss.
Your insurance company works for you....talk to them and see what they are doing. These are people that do this for a living and hopefully do it well.
If you are not convinced of that THEN go see a lawyer for some advice and THEN decide about filing a lawsuit. In California you have up to two years from the date of the accident to decide that... Nevada is likely about the same.
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2007-01-23 03:56:25 · answer #1 · answered by ca_surveyor 7 · 0⤊ 0⤋
Sure you can. But let me tell you what will happen if you do.
You will now have an attorney involved to 'look out for your interests' who will want to have his expenses paid, and will also want a percentage of anything you win. Of course, his expenses are paid win or lose. The insurance companies involved don't care if it's you, or an attorney. They will do the same things and make the same offers if they decide they are responsible for your losses, except that having an attorney involved will slow the process since it now has another layer of communication to go through.
A couple of months is NOT a particularly long time period considering the logistics of 6 vehicles involved. Just as an example, I towed a vehicle after an accident on 04/22/2004 that I had to take the owner to court to have the tow bill paid. The attorneys are still talking, and I still have collected nothing. And mine only involved 3 cars, not 6.
Once they do finally settle, with an attorney involved your check will go to the attorney and be placed in a trust or escrow type account until he gets his part, and only then will you get anything.
But, your choice. Isn't your insurance keeping you informed and up to speed on everything? If not you might want to ask them some questions regarding what you should do.
I do wish you well.
2007-01-23 03:35:56 · answer #2 · answered by oklatom 7 · 0⤊ 0⤋
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RE Can I sue someone with auto insurance?
I live in Las Vegas and I was involved in a car accident in November. There were 6 cars involved and this process is being UNUSUALLY long. It is impossible to get in contact with one of the claimants so we can not settle for our car damages. Can I sue the individuals that were held respoinsible for the auto accident?
2014-09-09 08:23:36 · answer #3 · answered by Anonymous · 0⤊ 0⤋
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RE :Can I sue someone with auto insurance?
I live in Las Vegas and I was involved in a car accident in November. There were 6 cars involved and this process is being UNUSUALLY long. It is impossible to get in contact with one of the claimants so we can not settle for our car damages. Can I sue the individuals that were held respoinsible for the auto accident?
Follow 15 answers
2016-08-27 11:22:30 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes, but you will be dealing with the insurance companies anyway. And, if you lose your lawsuit, not only will you not get a dime, but you will owe all of the court fees as well as the other party's lawyer fees and any travel expenses.
If this happened 2 months ago, I think your expectations are too high. I had an accident in which I was sued (I won) and it took over six years to get into a court room.
2007-01-23 03:19:13 · answer #5 · answered by leaptad 6 · 1⤊ 0⤋
Not only can you, but you should. Especially if you were injured or had property damaged. Speak to a lawyer. Their insurance company will do everything NOT to pay you. Get representation to make sure you don't get hustled. Look for a personal injury lawyer and many will give you a free consultation to hear about what happened and you can decide from there if you wish to retain them or not.
2007-01-23 03:26:03 · answer #6 · answered by the_contrarian 2 · 0⤊ 0⤋
Even when there is insurance lawsuits get filed against the drivers or responsible parties, not the insurance companies. The insurance companies provide a defense attorney for their insured, but you have to sue the person, not the carrier.
2007-01-23 13:15:18 · answer #7 · answered by Chris 5 · 0⤊ 0⤋
If you have comprehensive/collision insurance on YOUR car, just file a claim with YOUR insurance company. They will be responsible for finding the other parties and collecting from their insurance companies. Do not be afraid of it "raising your rates". If the accident was not your fault, you rates will not go up.
Let your insurance company take care of it. That is what you pay them for.
2007-01-23 03:19:52 · answer #8 · answered by J.R. 6 · 1⤊ 0⤋
For free insurance quotes
2015-01-04 06:46:41 · answer #9 · answered by ? 1 · 0⤊ 0⤋
YOU shouldn't have to..... YOUR INSURANCE COMPANY should take care of it. If you do need to sue I imagine you could, but I don't understand why you need to get in contact with one of the other claimants in order to settle for YOUR damages(?)
2007-01-23 03:23:45 · answer #10 · answered by J T 6 · 0⤊ 0⤋