Should I sue?

Sorry to hear about the way the other driver dealt with their mistake, but the question is whether you should sue or not. The answer is "it depends" upon whether your back is sufficiently injured to require medical treatment for at least 90 out of the first 180 days after the accident. It will also depend upon whether you have a serious injury or just what's known as a "soft tissue" injury, meaning back pain alone - without any bulging or herniation of any discs in your back. Without such actual injury, the claim will be small at best and dismissable by the court unless your doctor can justify that the injury is serious and permanent in nature. It is best to speak with a personal injury attorney about the matter as soon as possible since you only have three years to start an action against the other driver, the owner of the vehicle if it's different or any third party responsible for your injury. Last, but not least, if they fail to locate the other driver, you can make a claim against your own insurance company under the underinsured part of your policy or the uninsured portion of it. Usually you are required to have at least a $25,000. policy for your own injuries in the event the other driver cannot be found or has no insurance. Speak to that attorney right away for more detailed information. Good luck.

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.

Nobody can answer that based on the information you have provided. If you are hurt really badly go see an attorney. If not, don't. It's a personal choice and you need to decide if you want to make this person accountable, prevent this person from doing this to anyone else in the future, deal with the time, inconvenience, scrutiny and effort it takes to process a claim and be made whole for your injuries. If all of that sounds good to you, go see an attorney. If it sounds bad to you, don't. Either way, make a decision soon as waiting never helps. Regardless of whether you decide to pursue a claim, make sure you get cleared medically and healed up. You don't want this nagging you in the future. Old age is difficult enough on its own. Good luck.

You can only recover financially from an injury 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. Meanwhile, file a no-fault claim with your insurance company. It doesn't matter that it was the other driver's fault; that's why they call it "no-fault". Notify your insurance company, get a claim number and a benefits application, fill it out right away and send it in. You may not be able to answer every question, such as "amount of medical expenses" if you haven't had any yet, just do the best you can and send it in immediately. Then, get the medical treatment you need. It's too soon to talk about suing. You have to find out what insurance company is "on the risk". Once the extent of your injuries have been determined, you might be able to settle up without a lawsuit. Or, you might not have enough of an injury to qualify.

You have to notfy your carrier immediately. You should get medical treatment asap. You should hire a pi lawyer who will know as I do the steps to take. In all likelihood you do not have to sue but the lawyer will need to negotiate with the insurance company.