QUESTION
Can I sue someone who hit me in a car accident for lost wages, medical bills, car rental fees, deductibles etc.?
Asked on Jan 03rd, 2014 on Personal Injury - Louisiana
More details to this question:
Police report proved it was their fault. I have limited tort but they had no insurance at all. The accident was on December 6, 2013 and I still have no vehicle because it took until Christmas eve for my insurance company to even get my vehicle to the shop to start the work on it. I am out of a rental because my insurance only covers $1000.00 and it is up now. I had to pay 20% of the rental I had. The garage said it will take till around February 2014 to get my vehicle back.
7 ANSWERS
Yes, you can. You should check with your own insurance company what arrangements they plan to or have made with the other driver to recover what they did pay you.
Answered on Jan 07th, 2014 at 11:57 PM
Edwin K. Niles
Of course you can sue. But unless they are wealthy, why bother? You may get a judgment, which is just a piece of paper; you can't spend it.
Answered on Jan 07th, 2014 at 11:55 PM
James Eugene Hasser
You can sue them and maybe even win, but how are you going to collect the judgment if there is no insurance? You're best off making a collision and uninsured motorist claim under your policy and let your insurance company worry about getting their money back.
Answered on Jan 07th, 2014 at 11:54 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can sue for those things and more but if they don't have insurance how do you expect to collect? Have you done an asset check at the court house? Hire someone to do a check if you don't feel comfortable doing it yourself.
Answered on Jan 07th, 2014 at 11:54 PM
Ronald A. Steinberg
You can sue the negligent person for all injuries and damages directly caused by their negligence.
Answered on Jan 07th, 2014 at 11:53 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Yes to all that you have listed below.
Answered on Jan 07th, 2014 at 11:52 PM
Yes; however, typically, folks who carry no insurance are difficult to collect from once you get your judgment. If you had uninsured motorist coverage, you could collect from your own company. You would have to get a judgment against the person who caused the accident and then garnish wages or seize property. It is often hard to get a lawyer to help you with these types of cases because of the difficulty in collecting on the judgment.
Answered on Jan 07th, 2014 at 11:50 PM