hit and run accident injuries settlement?

Question

My family (wife daughter) first day on vacation.....sitting at left turn lane, red light, drunk driver slams into us from the rear at 40 mph, totally destroyed front end of his car, but somehow slammed it into reverse and took off across intersection. Cop sitting at intersection saw the whole thing and catches this PIECE OF chit. He is arrested an charged with at least one felony. We all have back and neck injuries (no not faking them, they are real. Get hit at 40 mph and see how you feel) go to hospital, xrays negative for bone fractures, but we all have whiplash , headaches back pain.

How do I proceed with insurance co. going forward? Is the settlement higher because he was drunk and ran, charged with felonies, or does this matter. Can i also personally suit him? I want this FUC to pay, he almost kiled my daughter and she was the most seriously injured. Any advise is appreciated.

Answer 1

Better get a good att. Don't pick one off the back side of the next bus you see. Let you att do the work that's what you will pay him for. Remember a man that represents himself has a jackass a for lawyer and fool for client (mark Twain). You may also be able to collect from your own Insurance co.
You didn't say where you live but you might try handleonthelaw.com
But get a good att..........

Answer 2

For an accident this serious I advise you to hire an attorney. A good attorney will know the best way to proceed given the facts of the case. How much you get will depend on the driver's insurance, but sometimes an attorney can get an insurer to pay even more than the policyholder's limits. If your damages are more than the insurance and the driver has attachable assets you may be able to get those, too. Again, this is a complicated claim and it will be worth it for you to hire an attorney.

You don't get more money because the driver was drunk unless it becomes a factor to sway a jury to give you higher damages. The insurance company doesn't automatically pay more for a drunk driving incident.

I hope your family has a full recovery, and that the driver is prosecuted to the fullest extent of the law.

Answer 3

Although I didnt get hit at 40 mph, I have felt the wrath of a semi so the feeling sucks I know especially when the other insurance company denies your claim. If he is insured, you must first exhaust his insurance coverage which typically are on a per-person basis, the typical coverage is around 25,000-50,000 per person. The settlement is only based on the financial burden you endure as a result of the accident such as trips and other expenses to get treatment, the other part will only help you prove your case. Typically a lawyer may increase your settlement because they determine how much longer you will live with your injury and your daughter will likely get the maximum that he is covered for or more, I want to say maybe six figures. Tickets and such will only increase your chances of winning your case. I would recommend getting a personal injury lawyer because they can determine the full amount you are entitled to. Although the lawyer may get some money of the settlement, its less money out of the pocket of the person who caused you the grief.

And if he doesnt have money to pay the rest, you can be entitled to what is called a writ of execution, where you can take a tangible asset from him like maybe a car or something and sale that. You might even own his own house. If he is young and still a dependent, you may even get to be entitled to his parents assets if it comes down to such.

Answer 4

Get an attorney. Assuming you are collecting from the other driver's insurance, your offer should be no less than 5x your expenses for ain and suffering. An attorney should get 10x in an out-of-court settlement. I'm not giving legal advice here, so get an attorney. If your claim is against your own UI coverage, then I would counter for 100K, because they would pay more than the 17K difference to hire an attorney to press the case forward. You may want to ensure that your medical insurer is not going to push for reimbursement from your settlement, or you will not end-up with much of anything for your pain. I wish you a speedy recovery. As for your lost wages, I hope that you did file a claim with State Disability Insurance. If the other driver has been identified, get an attorney if there is any chance of recovery from them. Good luck to you.

Answer 5

The dui is an aggravating factor and should increase the value of the claim depending on how that particular insurance company views dui's.

You can sue the guy, but the most your family will ever receive from his auto insurance is his policy limits, whatever they may be, and that's assuming the value of the claim comes close to the limits. But some carriers deny coverage due to criminal acts--if that guys insurance company views dui as a criminal act, the dui guy is considered uninsured.

This guy is facing 2 different types of legal action, criminal & civil, and the criminal can influence the civil, but not the other way around. Your family suffered whiplash...soft tissue (muscle)injuries to your neck & back. There are no broken bones, no internal bleeding, no coma's, nothing....no one was seriously injured. Let the district attorney know you want restitution and he'll get the details from you.

Answer 6

Hi Daren. Please take your and your family's injuries very seriously. They can become 'lifelong' problems.

I am no fan of lawyers, but you need to find a good one. I would also strongly recommend a good Chiropractor.

Full disclosure: I am a retired Chiropractor. I became a Chiropractor because of the injuries I received in an accident caused by a drunk driver when I was a child (family did NOT take me to a Doctor of Chiropractic, but ambulance took me to the hospital and my 'chest X-ray' was negative for fractures!) I live with the consequences of that injury (forced to retire early with permanent disability as a result of an 'accident' over 40 years ago!).

Best wishes and good luck.

Answer 7

I know it's hard to wait, especially in this case, but take a deep breath and slow down just a little. Keep track of your medical expenses of course, and wait until the police report is finished. Get a copy of that. It should contain all his information, including what insurance company covered him. Make a copy of it and go to your insurance and get them to help you collect your damages and medical bills from his insurance company. If or when that runs out, or it he has no coverage would be the time to look at further action like taking him to court for damages.

Of course his running and being drunk will help to prove his guilt, but no, it won't cause him to have to pay more.

I do wish you well.

Answer 8

Hey Daren,

Just wanted to say you got some very good answers from these people and that I wish you and your family the best of luck in this. I hope that everything works out well for y'all.

Everyone here needs to give themselves a pat on the back!

Answer 9

i own a repair shop,and you have every right to go after him,and sue him also,he may not have anything though and getting judgment against him is hardly going to help you any at all,id go after his insurance company first,i know how you feel about you kids,don't let up on this one,you have the perfect witness also,but his insurance company is responsible for any and all damages to you and your family as well as your vehicle,and any future pain and suffering caused by this also,if you,ll stay with it, it can be settled to your satisfaction,and id pursue the fact that he be put in jail also ,people like this don't need to be on the street,but they are,and it can happen anytime,at any place,im glad your all ok, go after this one full force,good luck i hope this help,s.

Answer 10

One, don't hire an attorney - the insurance company will provide one for you.

Next, his insurance will pay for the vehicle and your insuries AND you can still sue him for pain and suffering.