Can I sue the drunk driver that caused me neck and back pain?

Question

I was rear ended by a drunk driver in November 2010. His insurance company outsourced the claim to a company that specializes in these sort of cases. I got a little money from his insurance, but not enough to cover all of my loss and expenses. Is it too late to sue? Would it even be worth it? I took the ambulance ride to the hospital to get checked out. They didn't find anything wrong. A couple of days later I had significant neck and back pain, saw a chiropractor. I still have neck and back pain that I did not have before the accident. I was a delivery driver on a delivery. I was unable to deliver after the accident.

Thomas Bulman · Answer

How have you been supporting yourself the last year or so? If you haven't had any medical care in more than 6.

Reza Torkzadeh · Answer

Did you sign a release?

Sam Louis Levine · Answer

It depends on whether or not you signed a release.

Cary Smalley · Answer

Did you sign any sort of release?

Donald Broad · Answer

If you received money from his insurance company, I assume that they had you sign a Release. If you did so, you would have released not only the insurance company but also the driver that they insured. You likely can no longer sue the driver, but you should confirm with an attorney in your area.

Paul Samakow · Answer

If you accepted money from his insurance company, you effectively settled the case, and therefore, you cannot sue the drunk.  You should have hired an attorney.

Stephen Lombardi · Answer

Your question cannot be answered without being able to read any papers you signed in settling with the insurance company. It doesn't appear  that  the statute of limitations  has run, but without reviewing the  settlement  documents, if any, I'd say see a lawyer.

Curtis Chronister · Answer

It is very likely that you can no longer sue the at fault driver.  In nearly every case, an insurance company will not issue a settlement check without having you also sign a release from liability affidavit. In other words, you probably signed something that prevents you from suing the at fault driver in the future. One aspect of your case that you and some attorneys tend to miss, is that this is not your garden variety auto accident. Accidents involving drugs and alcohol tend to provide larger settlements and jury verdicts since the actions of the at fault party are deemed egregious. Personal injury attorneys will review a case at no charge, so it would be prudent to always seek the advice of an experience personal injury attorney as soon as possible after any accident.

Irving Blank · Answer

Did you sign a release to get the "little money from his insurance"?  If so, you have probably signed away any rights that you had.  It is obvious you did not see a personal injury lawyer before agreeing to take "a little money".

Jared Altman · Answer

In order to sue for being injured in an car accident you have to sustain a "serious injury" which includes death, dismemberment, a broken bone, loss of a fetus, significant disfigurement and certain other specific kinds of lesser injuries including being disabled for at least ninety of the first one hundred and eighty days following the accident.

David Craig · Answer

It sounds like you settled your case already.  You indicate that you received a "little money from his insurance".  If you have settled then it to late even if you did not recover enough money. It sounds like you settle for too little if you are still having back issues.  That is why you never settle an injury case until you know the full extent of your injuries and recovery.  Once you settle and sign the Release you are not going to be allowed to sue for future problems or treatment.

Steven A. Schwartz · Answer

If you got money from the other person's insurance company, you probably signed a release that said you are releasing them from any further claims (and that would include the driver/owner as well).  It sounds like your case is over.  I hope there is not a "next time," but if there is, contact an experienced personal injury attorney immediately to help protect your rights.

Jeffrey Lapin · Answer

It seems that your actual question is whether you can sue the drunk driver after you received "a little money" from his insurance company (or the company they outsourced your claim to). The answer is whether you signed a Release (of your injury claim) in exchange for the money you received. Almost all releases contain language that would prevent someone from receiving any more money from anyone, in your case the drunk driver and his/her insurance company, for injuries and damages caused by an accident. Many releases contain language the following language or something very similar to it:  FOR AND IN CONSIDERATION OF $xxxxx I hereby full and forever release and discharge DRUNK DRIVER and DRUNK INSURANCE COMPANY their heirs, administrators, executors, successors and assigns, and all other persons, firms or corporations who are or might be liable from any and all claims, demands, actions and rights of action of whatever kind of nature, which I now have or may hereafter have arising out of or resulting in any manner from injuries, losses and damages, (known and unknown, developed or undeveloped) sustained as a result of an accident which occurred on or about the 1ST day of JANUARY, 2012. I hereby accepts/accept said sum as a compromise and final settlement of all claims on account of any dispute between the parties hereto as to whether the above named parties are liable to the undersigned or not, and also as to the nature, extent and permanency of the injuries sustained by me.  If you only signed a release that related to damage to your vehicle and did not mention your injury claim, then you could receive additional money.  In short, the answer to your question depends on whether you signed a release of your injury claim. If you did then you could not sue or receive any more money for the accident. Otherwise, if you did not sign a release, you could get sue and get more money.

Robert Lucky · Answer

In Louisiana, you have a year from the date of the accident to file suit against the at-fault party or to settle the case. It appears that you are passed the one year period, therefore, you have lost your legal right to recover against the at-fault party.

Paul Whitfield · Answer

If you accepted money from them they probably had you sign a release. If you signed a release it is all over.

Bernard Huff · Answer

You should consult with a plaintiff's personal injury lawyer for specific legal  advice. If you signed a release, you may be precluded from bringing a lawsuit on  the same matter.

Bradley Cornett · Answer

The statute of limitations for a negligence action in Alabama is two years. If you executed a release (to get "a little money from his insurance"), then you have waived / released your right to sue the other driver.  If you are not barred by the statute of limitations and have not signed a release, then you should be able to file a lawsuit against the other driver.  Also, you may have a work comp claim since you were on-the-job when the accident occurred.  You may also have a claim for UM / UIM benefits under your own automobile insurance policy and/or your employer's automobile insurance policy.

Richard Copeland · Answer

If you accepted settlement, you undoubtedly signed a release. This document absolves the potential defendant from all liability. If that is the case, you have no remedy at all. Read the release. It will specifically state that you accepted what was offered regardless of your future medical condition. If you did not sign a release, you may have remedies, but this is extremely unlikely.

Bruce Elliott Goodman · Answer

Unless the check that you received was for property damage only, if you settled your case and signed a release in exchange for the payment that you received you cannot reopen the case to get additional money.

Thomas Patton · Answer

If you "got a little money from his insurance", you have most likely settled the case, and foreclosed the possibility of any further action against the driver. Do you recall signing a "release" when you received the check? Insurance companies require claimants to sign a release, which, as the name suggests, releases the potential defendant from liability for your losses. That is why it is so critical to seek the advise of an attorney before negotiating with an insurance adjuster. Most accident attorneys offer free consultations to potential clients that will help you know what your case is worth, and help you avoid the problems that you are facing now.

Steven D. Dunnings · Answer

Sounds like a soft tissue injury which are difficult to prove in court.

Andrew Velonis · Answer

First of all, your no-fault is supposed to pay all of your medical expenses and time out of work.  Doesn't matter that it was a drunk driver who rear-ended you, that's why they call it "no fault".  One of the things you are paying for when you pay your insurance is to protect yourself against economic loss. You can only recover financially from the other driver if you have what is considered a "serious injury" as that term is defined by law. This includes death, miscarriage, fractures, a total disability that lasts 90 days or a permanent partial disability. The injury must be confirmed by objective medical proof such as an x-ray, MRI, CT scan or nerve conduction study. If you got "a little money from his insurance"  then you probably signed a little piece of paper that says that's all you get and you are stuck. I don't know for sure what they did for you in your claim, but that's usually how insurance settlements work. You should check.

Joseph Lipsky · Answer

Assuming you did not sign a release of claims with the other driver's insurance company, then you would be entitled to further pursue a claim for your pain and suffering. However, as you indicated that you received some money from that other insurance company, it seems likely that they would have had you sign a release of all claims before they would pay you. If you already have an attorney, you should discuss this issue with your lawyer. Otherwise, you should contact an experienced personal injury attorney to review your case.

Timothy Klisz · Answer

If the insurance company paid you, you likely signed a release and cannot sue.

Michael Heilmann · Answer

Any time you get a "little money" from an insurance company, you are required to sign a release of liability. If you did not sign a release of liability, you may sue for damages if you have sustained a "serious impairment of body function. Your own insurance company must pay all your medical bills.

David Stoddard · Answer

I cannot tell whether you signed a release settling the entire claim when you accepted their payment. Usually, they do not make any payment without getting a release settling the entire claim. There are exceptions. If you did not settle the entire claim, and it has been less than three years since the accident, then it would be worthwhile finding an attorney to file suit.

Richard Lowell · Answer

You can sue the drunk driver - assuming you didn't sign a release when his insurance company sent you some money.  If you did, you should have the release reviewed by an attorney.

Michael J. Leizerman · Answer

Since you were on the job, you should be able to make a workers' compensation claim. You can also bring a claim against the drunk driver or sue the drunk driver if you did not already settle the claim and sign a release. It is not clear from your description, but it sounds like you may have settled when you received a little money from the drunk driver's insurance company.

Houston D. Smith III · Answer

If you already took money from the insurance company then it is highly likely that you signed a full release of claims which would prevent you from suing the drunk driver. Yes, it would be worth your time to sue because the drunk driver is liable to you for both compensatory and punitive damages (in most cases). I imagine that the insurance company did not discuss punitive damages with you.

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