Legal Question in Personal Injury in California

Re: should I sue?

Look, I am sure you have already been told this but why have you not retained a lawyer to prosecute this matter for you? It does not make sense to me. You have a total loss on your car, apparently you have injuries, what are you doing? Without a lawyer you are going to get screwed!! Yes, you are entitled to special damages, which are out of pocket losses such as property damage, medical, loss of wages, and rental car. In most cases, a good lawyer can get the defendant's insurance company to provide a rental car or reimbursement to you, as well as refer you to a medical provider that will provide treatment on a lien basis! As far as General Damages, i.e., pain and suffering, loss of enjoyment of life, emotional distress, etc. You will not get what you are entitled to if you work without a lawyer. They (the insurance companies) know an unrepresented party (layman) is a sucker and will get you to say things, and sign things that will ruin your case.

If you want a competent trial lawyer on your side, give me a call at 818-427-6246. I will give you a free consultation.

Re: should I sue?

You are entitled to recover damages from the other driver for, among other things, reasonable expenses you incur as a result of his negligence. This includes the cost of renting a car for a reasonable amount of time while your truck is repaired.

The other driver's insurance will pay for his liability - including costs like the rental car - but *only* up to the value of his policy. If he only had, say, $15,000 of insurance and that isn't enough to cover your damage, then you will have to try to get the rest from him personally, or from other defendants if there are any.

Good luck.

Re: should I sue?

If the defendant's insurance company pays you full value for your medicals, injuries, losses, etc., then you won't need to sue. That is unlikely, and you will probably find you are better off having an attorney help you with this, from the beginning, rather than after-the-fact when it may be too late to insure things are done correctly. If attorneys didn't have a value and make PI cases worth doing, they wouldn't be in business. People without attorneys seldom get full value for their cases. Contact me if interested in doing it right.

Re: should I sue?

The other ins. co. would be responsible for all the things you mentioned but all damages have to be reasonable and documented property. If you are in the Orange County area, call me for a free consultation. 714-963-5123