I got into a car accident 2 days ago, a pretty bad one. I was in the car with my friend and we were waiting to turn into the Jack-in-the Box parking lot and this truck came to cross the street and slammed hard into the passenger door ( I was in the passenger seat.) He knocked us into oncoming traffic and we got hit head-on by another car. I was knocked unconcious when the truck hit us and my friend told me that we got hit the second time. Her car is totalled, as you can imagine. She wasn’t hurt, but I have a fractured elbow, scratches from shattered glass, a decent size cut on the head, and I’m bruised all over from being knocked around the car.
Now, the only reason why I haven’t called my lawyer ( who is my mom, ironically enough), is because this guy was old (60+). He shouldn’t even been driving. And I half-*** believe him when he says he honestly didn’t see me. And it isn’t like I need the money…so what do you think I should do?
#1 by faithfl on December 26th, 2010
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good lord! call an attorney now, the clock is ticking and you might have some real problems in the future. and don’t believe old people all the time, some of them are as unscrupulous as snakes, believe me!
#2 by Belen on December 26th, 2010
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Get the police report on this accident and file the case against the driver of the truck that hit the car where you were a passenger. The police officer who was on the scene must have collected all the information about this driver and those should appear in the police report.
#3 by kool_girl on December 26th, 2010
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oh wow.
i think you should call your lawyer because the car was totalled and you were hurt.
#4 by BoardingJD on December 26th, 2010
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If your mom is your lawyer than you should certainly tell her what happened and let her advise you. If you were obeying traffic laws and it was the other driver’s fault that you are now injured (and substantially so, considering the fracture,) than you should absolutely sue. Remember that his insurance company will compensate you, not his pension or his personal savings. So you aren’t maliciously injuring him to get revenge, you’re simply making his insurance company do exactly what it is set up to do – compensate you for your injuries. Take care of it immediately, before you’re all healed up.
#5 by Robert P on December 26th, 2010
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I am over 60 myself and don’t see that as an excuse for poor driving. Maybe he didn’t see you but he should have. If he shouldn’t be driving maybe it will take a good lawsuit to prove it to him. The guy is insured, or he should be so you aren’t going to send him to the poorhouse by suing his insurance company. I would sue and recommend your friend do the same if she hasn’t already. I would expect you to sue me and be surprised if you didn’t. All this assumes that his insurance hasn’t contacted you or offered any kind of settlement. That’s the easiest and most convenient way to be compensated.
#6 by bush-deathgrip on December 26th, 2010
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seek damages to cover your expenses.
if he didnt see you maybe he shouldnt be driving.
how would you feel if he continued to drive and killed one of your friends or family a year from now?
#7 by dsanthony on December 26th, 2010
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It depends. What is your goal in suing him? Did he receive a ticket for the accident? Do you have insurance that covers your medical costs and car damage?
If the answer to either is no, then you might consider suing him. Otherwise, the only reason to sue him would be to get some kind of revenge. If that’s what you’re looking for, go ahead and sue.
#8 by d_cider1 on December 26th, 2010
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Liability is liability.
I am against suing for frivolous reasons, but you have a genuine case. The driver that hit you is not only liable for your damages, but also for the damages of the vehicle you hit.
Intent and age are not germane. You were injured, through no fault of your own, by a negligent driver.
Make sure you have complete documentation of the incident, including the police report, pictures of the vehicle damage, your injuries and medical records of your treatment.
According to your account of the incident, this was not an “accident”. It was negligence.
Consult an attorney. Maybe not your mom. I’m just sayin.
#9 by oldretiredfart on December 26th, 2010
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why do you and most of the above answerers want to sue this guy right away. file a claim with his insurance company. that is why he has been paying them the big bucks all these years. you only sue if there is a problem with the insurance company being a bunch of horses rear ends.
and just because he is 60 does not mean he should not have been driving. that is a very ignorant and mean statement for you to make.
#10 by Elaine S on December 26th, 2010
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get your mom
#11 by Iguana on December 26th, 2010
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You got it all wrong. You were a passenger in your friends car. You have to sue her. Her insurance will compensate you and then fight it out with the other insurance carriers.
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