I was in an accident with someone and neither of us had insurance on our vehicles. I was not hurt, but my daughter was with me andshe substained a back injury and I have about $4000 in medical bills. My vehicle got totaled and I still owe $2000 on it. The other guy was at fault, so can I sue him for the damages and bills, and if so, do I have a chance to win?
2007-02-18 17:12:42 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You can sue the person sitting next to you at work because he did not pay your rent last month. You can sue any one for anything. The problem is proving your case. First, why were you in an uninsured vehicle with your child without insurance? I am sure you are tired of hearing people tell you, you should not put your kid in this situation and are well aware if this lesson at this point. Unfortunately, food and insurance must come from the same pay check.
Secondly, If you can find an attorney who will give you the first hour free, talk to it, he or she will go over the information and tell you where you stand.
If the other person is not 100% at fault, DO NOT TAKE HIM TO COURT. You may find yourself paying his medical and automotive repair costs. You will not recover anything if the court finds you are 50% at fault.
You will also need to discuss with the attorney why you were on the road without insurance.
2007-02-18 17:25:19 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Consider whether the other driver have the money to pay for your losses and your daughter's injuries. If so, why didn't he have auto insurance? Most states require you carry liability insurance at the very least. The fact that you didn't have insurance might cause you headaches, especially if they can prove you were at fault.
I assume that an accident report was filed by you. Do you have a copy? If not, get one from the office you filed the report with. Did the police respond to the accident? Were either you or the other driver ticketed with anything other than "uninsured motorist". Can you get a copy of your daughter's medical record and letter from the doctor treating the back injury? Without these documents, your case will look bleak.
Next wear your seatbelts. Especially your daughter. You were lucky this time, next time it could be fatal.
Finally, get insurance in place on your vehicles! You do not want to end up in the situation the other driver is in-ever.
2007-02-19 01:49:50 · answer #2 · answered by Kevin k 7 · 0⤊ 0⤋
Yes you can sue, only if it was the guys fault & ONLY if your daughter now has a PERMANENT injury which makes her DISABLED & the doctor has to diagnose her with that, but if her injury is NOT permanent & she's recovered with no signs of disability, then NO you can't sue, but the insurance company will pay the medical bills, they will pay you for loss wages due to your daughters injury. If your vehicle was totaled, the insurance company will pay you the RETAIL VALUE of your vehicle & how ever much more you owe on your car loan will be deducted out of that check & it will go to the finance company you owe money to so it will pay that $2000 you owe.
2007-02-19 01:27:03 · answer #3 · answered by sugarBear 6 · 0⤊ 0⤋
Of course you can sue. Anyone can sue for just about anything these days. But it's not easy. Just remember, in the end, your lawyer will get between 30-40% of your total recovery (for his/her fees and for the expenses/costs they front for you). I'm not saying it's not worth it, but just know that. Because neither one of you had insurance it might be more trouble than its worth, but....? It's certainly worth talking to an attorney about. At the very least an attorney can probably help you negotiate with doctors and your car financing company so that they will have a lien on whatever you recover in the lawsuit, or you can reach an agreement to simply pay them less.
Good luck.
2007-02-19 01:22:51 · answer #4 · answered by Amy K 3 · 1⤊ 0⤋
You can sue, but you will have the burden of proof. It won't matter what you owe on your vehicle, just what it was worth at the time of the accident. If you can keep the total to $5000 you can sue in small claims and not incur the cost of a lawyer. If you have to hire a lawyer they will cost you about as much as you will get in your judgment if you are successful.
2007-02-19 01:20:21 · answer #5 · answered by meathookcook 6 · 0⤊ 0⤋
Without insurance companies fighting each other, things get difficult. It would basically mean a trial and, depending on the circumstances of the crash, unless you have witnesses who can say with certainty that it's his fault, you'll have trouble winning. Also, your state may have laws preventing people without the minimum required insurance from suing other drivers or at least severely limiting the damages possible.
2007-02-19 01:21:21 · answer #6 · answered by James 7 · 0⤊ 0⤋
once again my great legal mind at work here. the answer is no ...you have no standing to sue because you did not have insurance. because you didn't have insurance state law requires the state take away your parental rights as an unfit mother....and you be arrested for felony child endangerment.
2007-02-19 09:25:30 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You should ask an attorney.
2007-02-19 01:19:44 · answer #8 · answered by ncgirl 6 · 1⤊ 1⤋