QUESTION
Can I sue the person who caused the accident even though we are waiting for her insurance to contact us?
Asked on Jul 24th, 2013 on Personal Injury - California
More details to this question:
Can I sue the person who drove into me for inconvenience of having to acquire alternate transport for me and my family, as well as medical expenses, even though we are waiting on her insurance company to contact us?
10 ANSWERS
Thomas Edward Gates
You are premature is suing since the normal course is to (a) have their insurance company contact your attorney, (b) develop a Demand Letter, from which negotiations start from, (c) file a lawsuit, (d) hold mediation, and (e) then trial. Inconvenience is not a recoverable item.
Answered on Jul 30th, 2013 at 8:38 PM
Personal Injury Attorney serving Irvine, CA
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Woods Williford Personal Injury Attorneys
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You can sue that person. However, her insurance company is the one you typically will correspond with to get reimbursement for what you went through.
Answered on Jul 30th, 2013 at 8:38 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Sure, but why do that if she has insurance? Filing fees are more than $400.
Answered on Jul 30th, 2013 at 8:38 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Yes you can sue, but a suit costs money and if the insurer will resolve the matter to your satisfaction you wouldn't need to sue. You can call or write the insurer to see what they are willing to do. However, do note that Michigan is a No Fault state and generally it is expected that your insurer will pay No Fault Benefits (ie: any wage loss, medical bills and replacement services) plus your insurer pays for collision damage (and usually you purchase rental car coverage from you own insurer). So usually the only thing the other insurer will pay is the mini-tort to cover any out-of-pocket collision deductible (they may pay your rental car as well if you didn't have that coverage) and any liability damages if you can prove a serious impairment of a body function.
Answered on Jul 30th, 2013 at 8:38 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can sue but the lawsuit will take a year or so in court, so why be in such a hurry. Wait and see what they say. Be careful. You wont get all you and talking about. You will get actual damages, not worry and fret and anxious, and all the negative emotions you have right now. Be a little patient and hire a lawyer if you have serious damages.
Answered on Jul 30th, 2013 at 8:38 PM
James Eugene Hasser
Sure, you don't have to wait on her insurance company to contact you. However, as a quicker cleaner alternative, you may want to consider making a claim on your own policy and let your insurance company worry about getting their money back out of hers. After all, isn't that why you got insurance in the first place?
Answered on Jul 30th, 2013 at 8:38 PM
Car Accidents Attorney serving Newport Beach, CA
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Russell & Lazarus
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Yes. You do not have to wait to hear from the insurance company before you are allowed to file a lawsuit.
Answered on Jul 30th, 2013 at 8:38 PM
Accident Attorney serving Baton Rouge, LA
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Barrington R. Neil
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Whether or not to sue someone is a decision best made after consulting with an attorney. While you always have the right to sue someone who harms you, it may be in your best interest to resolve the matter by way of a negotiated settlement. Hire an attorney as soon as possible, and have then communicate with the other driver's insurance company.
Answered on Jul 30th, 2013 at 8:38 PM
4 Awards
Yes. Upon receiving the lawsuit, the other driver will send the papers to the insurer who will either contact you or hire counsel.
Answered on Jul 30th, 2013 at 8:38 PM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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You can recover damages for pain and suffering, medical expenses, property damages, loss of use of your vehicle (car rental bill( and loss of earnings and/or earning capacity. Ultimately, the insurance company is obligated to pay for the damages up to the limits of the policy.
Answered on Jul 30th, 2013 at 8:37 PM