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?
2007-06-13 02:39:29 · 15 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
I only had liability. so theres no insurance to back me up.
2007-06-13 02:40:34 · update #1
Even if I accepted the check from the insurance company, can I still sue the person separately apart from the insurance and my settlement?
2007-06-13 11:40:44 · update #2
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.
2007-06-13 03:52:19 · answer #1 · answered by oklatom 7 · 1⤊ 0⤋
First, DO NOT accept the offer from the insurance company. Once you accept it, they probably have a provision in there somewhere that says you waive all further rights and claims concerning the incident. If you have already accepted the offer from the insurance company or cashed their check, chances are you're stuck. Your only option at this point would be to sue the individual, and even then you'd have a tough time if you already accepted the insurance company's offer. If you haven't accepted the offer or cashed the check from the insurance company, you can either (a) write the insurance company a letter stating their offer is not accepted and detail the amount of money you feel you're entitled to, or (b) get a lawyer and sue the insurance company.
2007-06-13 02:50:46 · answer #2 · answered by Anonymous · 2⤊ 1⤋
Low ball...sure, then why did you take the money? You can't sue anyone now, your claim is over. But more power to ya. If you want to sue you have to sue all the individuals involved: the driver, the registered owner of the car, and the policyholder.
And just so you know to correct someone elses answer: liability insurance or not, your insurance company will not 'go after' or sue anyone on your behalf for any injury claim you have.
2007-06-13 15:07:33 · answer #3 · answered by bundysmom 6 · 0⤊ 0⤋
I would only sue if:
1. You have the documents to prove they low balled you
2. The case is worth your time and money to go through with, knowing there is a chance to lose.
3. Get advise from a laywer that specializes in these cases. Usually they'll give you advise to take the case, or not.
4. Does the individual that hit you even have money to pay damages.
5. How much money does the insurance company have to throw into the case.
2007-06-13 02:49:23 · answer #4 · answered by Eric O 3 · 0⤊ 0⤋
Sue both... the individual for causing the accident, and the insurance company for trying to s***w you.
2007-06-13 02:50:29 · answer #5 · answered by chuckufarley2a 6 · 0⤊ 0⤋
she will yet i could particularly prefer to work out her win. If she replaced into at fault for the accident then the only guy or woman she could desire to be able to sue is herself. you at the instant are not in charge for what she did to herself. It replaced into her misjudgement that led to her to lose her wages and supply herself scientific costs. If something this is going to be any incorrect way around. i'm no longer likely to advise that the two because of the fact sueing is merely undeniable stupid. I take it which you obtain your scientific bill and lost wages paid for by capacity of her insurance.?
2016-10-07 10:23:51 · answer #6 · answered by ? 4 · 0⤊ 0⤋
I was hit by a drunk driver 3 months ago on my way to work at 7:30 IN THE MORNING! the piece of **** apparently laughed at me as I was bleeding and died on the stretcher. (Obviously I'm alive now). P.S. I'm due to get married in 40 days and I can still barely walk.
I got myself a lawyer and I will be sueing HIM you sue the person who hit you and they as well as thier insurance company will have to pay the law suit. In the mean time, from experience, you will be getting billed for all of your emergency care in the hospital so getting a lawyer can save you from spending the rest of your life paying your hard earned money because someone is an asshole. The lawyer can write you a "letter of protection". Also tell your lawyer to get a "drivers abstract" on the ****** who hit you. Get better and get revenge!
2007-06-13 02:49:27 · answer #7 · answered by Jersey Style 5 · 0⤊ 1⤋
A lawyer could better answer that question, but if you have proof of how much treatment for your injuries and damages cost, you should have no problem forcing the insurance company to pay. If you're wanting to sue for pain and suffering, good luck.
2007-06-13 02:47:26 · answer #8 · answered by AlisonFox(y) 4 · 0⤊ 1⤋
Is it possible to sue after 7 years after your car wreck? i have been in hospitals and learning to walk again and just now got done with my rehab programs. i was in the military and JAG lawyers enformed me i couldnt sue for money because i was active duty and so was the driver, that i had to wait till done with my medical stuff and had to be out of the military. he was in my vehicle and wrecked it as i was the passanger. then when the wreck happened he fled the scene and left me for dead. the vehicle rolled 275 ft and my insurance gave the 30k check to military since they paid 150-200k in medical expenses for me.
any help would be great.....
2014-08-25 04:24:33 · answer #9 · answered by Anonymous · 0⤊ 0⤋
once you accept a check youre done so dont settel untill youer happy you cany sue the insurance company only the person that hit you
if youwere injured get a lawyer it will help
2007-06-13 03:04:14 · answer #10 · answered by mobile auto repair (mr fix it) 7 · 0⤊ 0⤋