Legal Question in Personal Injury in California

Re: Can I sue?

A person who negligently injures another is called a tortfeasor. A tortfeasor is liable in damages for the reasonable value of all of the injury caused. This includes loss of earnings, all medical and medication expenses, pain and suffering and property damage. Yes you can and should sue.

Have a personal injury lawyer collect the needed information and evaluate the case. Usually personal injury cases are handled on a contingency basis, meaning the lawyer's fees are paid only out of any recovery in the case.

The job of the other person's insurance carrier is to pay as little as possible. Go with a lawyer representing you and your passengers, if one is willing to take the case.

Re: Can I sue?

You can still sue, but it isn't clear what costs you believe you are entitled to recover.

If the car was totaled then the insurance theoretically paid its full value less your deductible (in reality it probably underpaid). You can sue for the deductible plus any difference between the vale assessed by your insurer and the actual value of the SUV, but any excess loan balance is not recoverable.

To understand why, think of it this way: Suppose that, before the accident, your car was worth $20,000 but your loan balance was $27,000. If the insurer paid you $20,000 then you have been made whole for the car, since you (unwillingly) exchanged a $20,000 vehicle for $20,000 cash. While you owe $7,000 more than you recovered, you had prviously owed $7,000 more than the car was worth. You were carrying a net liability of $7,000 before the accident, and you have the same liability after. You would receive an unjust windfall if you collected enough to both cover the value of the car and pay off the remaining balance, since insurance is supposed to make you whole and not to put you in a better position than the one you were in before the accident. Likewise, someone else whose identical SUV was totaled but who had already paid it off would get only the car's $20,000 value, and there is no reason why you should receive more for an identical loss.

If you have medical bills that your insurance did not cover then you can sue to collect the amount you had to pay, along with the anticipated cost of any future treatment which will not be covered. And yes, you can sue for pain and suffering.

Talk to your insurer before you do anything; the company may very well sue the other driver in your name to recover the funds it spent. If it does this, you may be able to recover your losses without having to pay a lawyer. If your insurer decides not to sue you can still do so yourself, but the insurer would only pass on a case like this if the other driver was uninsured and seemed unlikely to be able to pay a judgment from his own pocket. If this is the case, you should think twice before you spend money trying to squeeze blood from this particular stone.

Re: Can I sue?

Yes you can. No pain and suffering for the driver if the driver had no insurance.

JOEL SELIK

Attorney at Law

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Licensed to Practice Law in California and Nevada Only. Licensed CA Real Estate Broker

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Re: Can I sue?

Yes, you are entitled to recover all damages caused by the accident, including an amount for pain and suffering. The amount of your damages does not dictate whether you have the right to sue, it only dictates whether it is financially wise for you to do so. And given that attorneys will generally work on a contingency fee basis (no recovery - no fee), you have little to lose. Give us a call. We'll be happy to help.

Re: Can I sue?

As you can see by the volume of responses, the answer to your question is yes; you can sue for damages.

You may want to contact several attorneys to see whether it is advisable to bring an action for the balance of insurance proceeds or whether the "at fault" driver may have the resources to satisfy any judgment or settlement that may occur.

Best wishes for a speedy recovery and if you need any further assistance, feel free to contact my office.

Re: Can I sue?

Yes...you immediately need to see doctor for whiplash, etc....and retain an attorney.

Re: Can I sue?

Experience counts. Call me directly at (619) 222-3504.

Re: Can I sue?

Hi. Of course you can sue. Well, actually, it may or may not get to the point of having to file a lawsuit. Regardless, you really should have an experienced attorney reprsenting you, and an attorney would handle your case on a percentage, (contingency) basis.

Whatever you decide, or on whomever you decide for representation, it is really not a good idea to deal with the insurance carrier(s) on your own. It will likely come back to hurt you.

Please feel free to call. I would be happy to answer any questions without any obligation on your part.

Daniel King

Re: Can I sue?

Obviously, you can sue for any size case. But first, submit all your bills/expenses to the ins. co. for the other driver and try to work out a settlement. You can also get a free consultation from a PI atty in your area to get an idea of what to do.