How do I sue a drunk driver who parked her car facing east in my westbound lane?

Question

A drunk driver was heading eastbound in the westbound lane on the highway. She hit a car head on which sent his vehicle backwards through the median into the eastbound lanes. She then left her car parked in the westbound lanes facing east with no headlights on and tried running. This accident must've happened only minutes before I came across her car in my lane at 2:30am. By the time I saw her car it was too late and hit it head on at 75mph, I'm lucky to be alive. My car was obviously totaled and I suffered a sprained neck, back and contusions on my neck, back, face, arms, chest and stomach. Everyone was injured but her and this is her 2nd DUI. So my question is should I hire an attorney or go after her insurance or go after her personally?

Robert Lucky · Answer

Yes, you need to contact an attorney. You should also get a copy of the accident report to see how it was written by the investigating officer. You should definitely pursue the defendant's insurance as well.

David Stoddard · Answer

Hire a lawyer and go after her insurance, if it is not enough, then go after her personally if she owns anything.

Jeffery Robinette · Answer

You may file a lawsuit against the drunk driver, but it sounds like the driver did not have insurance.   So, a lawsuit against the driver may prove fruitless.  If you have your own underinsured or uninsured motorist coverage, that may be the best claim to make.    A good personal injury lawyer will know how to handle this type of claim.

Jeffrey Lapin · Answer

Between your Question and Question Detail you ask 3 questions, which I will address separately. I am not addressing the facts of your accident, the drunk driver's fault or what your case is worth as you do not ask about those items. In addition, you do not provide enough information for me to answer questons regarding these items.  Question 1: How do I sue a drunk driver who parked her car facing east in my westbound lane? To initiate a lawsuit you file a complaint against the drunk driver. You have her served with a copy of the complaint and a summons. There are a number of additional steps before going to trial but their explanation is beyond my ability to answer here.  Question 2: Should you go after the drunk driver or her insurance company? Technically, you would always be going after the drunk driver. However, her insurance company will handle the claim, pay, depending on what your case is worth, you up to the drunk driver's Liability/ Bodily Injury coverage limits. They will also hire an attorney to defend her if you file a lawsuit. In almost all situations, you sue the at-fault driver; you cannot sue their insurance company. There are very few situations in which you could sue her insurance company. One would be if she filed for bankruptcy.  Question 3: Should you hire an attorney? That is a question you have to decide for yourself. The more difficult a case is, either because of questions about fault or injuries, the more you should consider hiring an attorney. Attorneys have more knowledge about the process, the evidence needed and the value of a case. If a lawsuit needs to be filed because you cannot get it settled for an amount you consider is fair, you also should strongly consider hiring an attorney as the insurance company will hire an attorney for the at-fault driver. You would be at a significant disadvantage handling your own case against an attorney. Most personal injury attorneys offer a free initial consultation so you may want to contact one to learn more about your rights and what he or she can do for you.

Steven D. Dunnings · Answer

Unless you have more serious injuries you can only go against her insurance company for damage to your car and medical bills

Jonathan Jilek · Answer

You can sue her personally. There may be other claims.

Paul Whitfield · Answer

You are not permitted to drive 75 mph in North Carolina. The insurance company will likely deny your claim and say it was your fault the collision occurred. You better get a good lawyer to do all the things you say you want to do to her. She is an idiot but if you are at fault also you may come up short. The insurance carrier will certainly say so.

Dean Esposito · Answer

First, go after her insurance company as she may not have enoughs funds to  properly compensate you. I almost always advise accident victims to hire an attorney, especially when  injured. Studies conducted by Allstate and other insurance companies indicate  that the insurance company will pay 2 to 3 times more money when the accident  victim is represent by an attorney.

Kenneth Ricks · Answer

Going after the drunk driver personally will/should activate her insurance; you don't have to choose between her or her insurance. Yes, hire an attorney.

Matthew Kober · Answer

You should hire a qualified personal injury attorney.  There are special rules involving alcohol related accidents. You should be able to collect from her insurance and if that is not enough you can sue her personally.

Kevin Kuhn · Answer

Yes. You should hire an attorney. Be aware, however, that someone like this may not have insurance, and if she does, her limits probably will not be enough to cover all of the damages she caused. As such, you may end up needing to make an uninsured or underinsured motorist claim under your own auto policy.

Steven A. Schwartz · Answer

Contact an experienced personal injury attorney immediately for a free consultation.  I do not advise that you do this alone.  The Insurance Research Council has found that, on average, a person represented receives 40% more in their pocket when their claim resolves.

Anthony Roach · Answer

You failed to avoid an object in the roadway. You are also negligent.

David Craig · Answer

You should immediately hire an injury attorney.  There are numerous legal issues that should be addressed by someone who is experienced with handling these type of cases.  Most injury attorneys will meet with you initially at no cost and will not charge a fee until you make a recovery.

Dennis P. Mikko · Answer

You would be wise to seek the advise of an attorney.  As for your vehicle damage, Michigan is a no-fault state so you would have to file a claim with your insurance company for vehicle damage.  If you suffered a serious impairment of a bodily function or serious permanent disfigurement, you could file a claim agsinst her.  An attorney would be able to help you with this.

David Blain · Answer

Yes, you should hire an attorney to handle this matter for you. Personal injury attorneys handle these types of cases on a contingency fee basis, which means they pay the costs of the lawsuit and are only reimbursed these costs and paid their fee once they have obtained a settlement, verdict or award in your favor. If they fail to achieve such a reward then you don't pay a dime.

Michael Heilmann · Answer

You would not do surgery on yourself and it will be impossible for you to obtain full value on your claim without hiring an experienced personal injury lawyer.

Andrew Velonis · Answer

You should hire an attorney.  The attorney will make a claim, and if coverage is in place, the insurance company will foot the bill.

John Brennan · Answer

You should hire an attorney and most probably you after her.  She and her insurance company are the same, just hope she is collectable.

Michael Yurasov-Lichtenberg · Answer

It appears that the defendant's attorney can assert that the collision would not have happened without your negligence: the defendant's car was stationary, and you hit it because you did not see it in time (the language the defendant's/insurance company's attorney will use will be "not paying attention to the road while driving at excessive speed"). It does not matter whether this argument is fair or a total BS, your opponent will milk it dry - and might convince the court.  Depending on where the accident occurred, in New York or in New Jersey or Connecticut, your negligence might reduce the damages you can recover or, if the jury finds you >51% at fault, bar any recovery.  When you "go after" the person who caused you harm, in effect, you go after her insurance company; and you can be sure that the insurance company will have an attorney defending it's money. So, even in a clear cut case, getting a decent settlement is not a do-it-yourself project. Under your circumstances, retaining an attorney as soon as possible seems like a very good idea.

David Hibbert · Answer

Sounds like you were speeding at 75mph. Get yourself an attorney in your state to review the matter. Some states will have your own contributory negligence as a bar to recovery.

Irving Blank · Answer

You need to get an experienced Personal Injury Attorney ASAP.

Thomas Patton · Answer

Sounds like you need to at least consult with an attorney. They can advise you whether to proceed alone, or with an attorney. But in nearly every case, you will receive far more compensation if you hire a personal injury attorney, even after the 1/3 attorney fee. That is because an attorney can obtain so much more from the insurance company than you can alone.

Stephen Lombardi · Answer

Yes you should hire an attorney because not only will you have a claim against her, but the car's owner and possibly the bar that served her.

Mark Smith · Answer

You should hire an attorney. The attorney will file suit against the driver and the payment will be made by the insurance company. If there is no insurance or the insurance company denies coverage then you should notify your   insurance company and proceed with a claim for underinsured or uninsured coverage. By all means hire a lawyer.

Jon Buchholdt · Answer

Yes.  Hire a personal injury attorney.

Ronald A. Steinberg · Answer

Why not get a lawyer and avoid worrying.

Joan Durkin · Answer

You sue her which automatically brings her insurance into the picture.  Odds are with a prior DWI that she has only minimum policy limits so you would end up having to file a claim on your own underinsured policy (if you have that coverage).  Short answer is YES, you need a lawyer and you need to file with victims assistance as well and make sure that you are listed as a victim so that the DA has to contact you before any deals.

Thomas Bulman · Answer

Same thing.  Hope she has insurance.

Joseph John Ganz · Answer

Engage a good personal injury lawyer.

Ronald Lowry · Answer

Hire an attorney and do what the attorney suggests.

Jared Altman · Answer

In order to sue for being injured in a 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. It doesn't sound to me like you make it.

James Osak · Answer

You're responsible for your damages.  You didn't have YOUR CAR UNDER CONTROL.  If driving 75 mph THAT WAS TOOOO FAST for the conditions.  Your insurance company may "punish" you by speeding and causing the accident.

Arthur Aiken · Answer

This is a very serious case. You need to get a lawyer to analyze all of the issues and to advise you.

Willie Stephen Graves · Answer

If you go try to after her personally her insurance company will defend her anyway; that's what the coverage is for. She's still personally liable for any damages in excess of her insurance coverage, and she'll probably be required to pay restitution as a condition of probation if she doesn't want to go to jail. That said, however, most DWI defendants don't have piles of money lying around to pay judgments with, and what you get from her insurance carrier is about all you can count on getting. You should get a lawyer yesterday. It won't cost you money; it will make you money. Without a lawyer you will not get her insurer to pay you the true value of your case.

Richard Lowell · Answer

You should definite hire an attorney and go after her insurance.

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