QUESTION
When should I sue in my auto accident case?
Asked on Oct 14th, 2011 on Personal Injury - New Jersey
More details to this question:
I am an owner of a Taxi company. One of my vehicles was in an accident, The other Insurance company is willing to cover damages only up to 85%. My driver was not at fault and I want to sue the insurance company for all damages and down time of this vehicle. My question is, do I have my vehicle repaired at 85% then sue for balance and down time OR do I sue first then repair my vehicle?
10 ANSWERS
Automobile Accidents Attorney serving Portland, OR
at
The Law Office of Josh Lamborn, P.C.
Update Your Profile
If you accept money from the insurance company they will make you sign a release. That will forever bar you from suing for damages resulting from this incident. So, you are free to repair your vehicle with money out of your own pocket and sue the individual driving the other car (you don't sue the insurance company in this type of case). Once you win the case (either thru a settlement or after a trial), hopefully you will be fully reimbursed for you expenses. Otherwise you are free to accept their offer at 85% and be done with it.
Answered on Oct 17th, 2011 at 3:43 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
If you are determined to sue, then you have to get the car repaired at your own expense and then sue. If you accept their money, you will have to sign for it, indicating that you accept the 85% in settlement. But think it through first in terms of cash outlay, time spent on court time and preparation and the possibility that you might not get the outcome you want. Might be better just to take the 15% loss, chalk it up to bad luck and list it as a business loss on your tax return.
Answered on Oct 17th, 2011 at 3:09 PM
This is a tricky question to answer and without more information. I'm not willing to say when and how you should do it because you may be presented with a Release to sign and that could conclude your case.
Answered on Oct 17th, 2011 at 1:19 PM
Assault Attorney serving Richardson, TX
2 Awards
In all likelihood, if you accept the 85% you will have to release the claim. Call a lawyer to discuss the economics to the suit. This is usually a matter of cost and benefit.
Answered on Oct 15th, 2011 at 2:46 AM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
Do not accept their money and then sue. Repair using your own money, then sue. If you accept their money, they will probably insist on your signing a release settling the whole case. I would not await the result of the suit to repair the vehicle. The down time might exceed the cost of repairs. One of the best procedures for property damage is to arbitrate. Contact the Clerk of Court for your county. If they have this program, ask them about it. They can explain more about how it works. It is quicker than trial, and if you like the result, you can still go to court.
Answered on Oct 15th, 2011 at 12:01 AM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
Either way is fine.
Answered on Oct 14th, 2011 at 10:36 PM
You could do either, are you sure you want to risk a worse outcome, plus your costs in order for a chance to get a better outcome? If you turn down their offer, and get the same as they offered, or even more, the cost of trying to get the additional 15% could well be more than whatever additional money you get. And it is possible that you could spend the money and get less than the offer.
Answered on Oct 14th, 2011 at 5:09 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
If the liability is clear cut sue them for all your damages, including the diminished value of the vehicle and the loss of business use. Business use (loss of) is an element of damage in North Carolina. Make sure your damages are real and based on a track record. NC wont let you speculate about such things.
Answered on Oct 14th, 2011 at 4:57 PM
Civil Practice Attorney serving Redmond, WA
at
Magnuson Lowell P.S.
Update Your Profile
Why not go through your insurance company - let your insurance company pay for the repairs. Then, your insurance company will go after the other insurance company and get reimbursed. Normally, your insurance company will also go after the other insurance company for your deductible, too. And then, you can sue the individual who caused the damage - separately - for your down time (probably in small claims court).
Answered on Oct 14th, 2011 at 4:53 PM
Gary Moore
If you accept the settlement offer you will not be able to sue. You must chose between the settlement and suing.
Answered on Oct 14th, 2011 at 4:40 PM