QUESTION
Can I sue the drunk driver who hit my car and left me with injuries?
Asked on Aug 12th, 2015 on Personal Injury - Alabama
More details to this question:
While I was driving to work a drunk driver rammed into my car. The police came to the scene, and first responders also came to help. I didn’t think I was badly hurt, so I refused medical attention. Now, I have back, shoulder and neck problems. Can I sue the person?
13 ANSWERS
Thomas Edward Gates
You would first file a claim with his insurance company. You need to retain a personal injury attorney.
Answered on Aug 14th, 2015 at 4:29 AM
Yes. If he had insurance, your attorney will contact the insurance company to ascertain the amount of coverage he had. If he didn't have insurance, he can be sued personally, it is just difficult to collect on the payments.
Answered on Aug 14th, 2015 at 4:29 AM
Sure, he caused your injuries so you can sue him. ?Some times people do not feel the injury until the next day or so. ?You need to find out who his insurance carrier is and contact them for your property damage [including cost of rental car until your car was fixed] and personal injuries. ?Depending on how serious your injuries are, you might want to see some personal injury attorneys to see what they can do.
Answered on Aug 13th, 2015 at 12:35 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Of course you can sue a negligent driver + the vehicle owner, but you need to prove fault, proximately caused injuries and that the injuries reach the MI "threshold" of a "serious impairment of a body function". You can possibly also initiate a "dram shop" action if the driver was served alcohol after being visibly intoxicated; however, these claims have very strict notice requirements and time limits, so having an in person legal consultation with a local lawyer that handles these type of cases is extremely important to sort out the facts and your possible claims.
Answered on Aug 13th, 2015 at 12:34 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Potentially, but in Michigan you first claim is against your insurance. See an attorney.
Answered on Aug 13th, 2015 at 12:33 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes if it happened within the last three years.
Answered on Aug 12th, 2015 at 7:00 PM
It depends on a number of factors including when the incident occurred; how the accident happened; when you first sought medical treatment, and the nature and extent of your injuries and losses.
Answered on Aug 12th, 2015 at 5:50 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I don't see any reason why cannot sue the drunk driver. If you delayed in seeking medical help, however, then you will have a hard problem of proof, since you must show that your injuries were the direct, natural, proximate and foreseeable (or any combination of these) cause of your injuries. If only a few days have passed since the incident, get to a doctor a.s.a.p., get treated, cooperate with the doc's treatment suggestions, and see if he or she is willing to state to a reasonable degree of medical certainty that your injuries are the direct result of the incident. Find a good personal injury lawyer and see what he or she has to say. Good Luck.
Answered on Aug 12th, 2015 at 5:47 PM
Ronald A. Steinberg
You can sue anyone you want. However, in order to win, you must prove that, drunk or not, it was the other guy's fault, that you got hurt, and that the accident caused your injuries.
Answered on Aug 12th, 2015 at 5:47 PM
Edwin K. Niles
Yes, please see an injury lawyer. Statute of limitations is 2 years, but don't delay.
Answered on Aug 12th, 2015 at 5:46 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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It may be possible to make a claim. Did you ever receive medical treatment? Thank you for your email.
Answered on Aug 12th, 2015 at 5:46 PM
1 Award
Yes, you can sue the driver and his automobile liability insurance company. If he does not have automobile liability insurance, you can make a claim against your own insurer under the uninsured motorist coverage.
Answered on Aug 12th, 2015 at 5:46 PM
James Eugene Hasser
Yes, but you are going to have to prove your injuries, so you need to go to the Dr. if you haven't already. Good luck.
Answered on Aug 12th, 2015 at 5:46 PM