Should I sue after an accident?

Question

Someone hit me when I was parked by the side of the road. My car was totaled, and I have no car, and no money to buy another one. This guy took my ride to work because he "didn't see me" parked. Should I pursue legal action?

Answer 1

You're in a tough spot as the insurance company will be in no rush & will not pay you in a quick manner.  

We agreed upon a price for my car June 18th & I am yet to see a dime from the company of the human being who hit me.

I am out 3K on this accident too. ......and lots of physical pain of course not to mention emotional & mental anguish :(

I understand only having liability on your vehicle my vehicle only has liability as well (as did the one who the person hit)

As far as suing - you have a good case if you can prove who hit you - I agree you should have called the police right away.

GL.  

Answer 2

If you were parked legally and he hit you, then its his fault and he should pay. Get the name of his ins co and file a claim.

Answer 3

You don't need to sue.

Just call the guy's insurance and file a claim against his liability coverage.

As long as his policy is in force, his insurance company should settle up with you for the Actual Cash Value of your vehicle (what you could have sold it for). They don't pay replacement cost. But even if you sued, all you would be entitled to is the market value of your car (what you could sell it for given it's age,condition, mileage, options).

As far as him not seeing you goes.....it probably does not make you feel better - but I have handled thousands of claims over my 12 year career as an adjuster. And only 1 happened because the person meant to hit that car. Every other situation was not intentional.

If the guy does not have valid insurance - then you would be able to file under your Uninsured Motorist coverage for your car.

Your agent should be able to help you get the claim filed.  

Answer 4

Ask for compensation for physical/mental damage.

And insurance should pay for the car

Answer 5

Why weren't the police involved? Now you have to be able to prove this person hit your car. This is also why you carry full coverage. Don't drop your collision coverage unless you are in a position to replace the vehicle if necessary. Which you are not.

Instead of suing him, why not make a claim against his insurance, since you were parked and he hit you? That's how this is usually handled.

Answer 6

Yes, your insurance company should sue him on your behalf.

Answer 7

Unfortunately, your insurance company will not fight for you on your behalf (because you didn't have collision/comprehensive coverage).

Get the repair bills (get three quotes), and get an assessment of what your car was wroth prior to the accident and file a claim against his insurance company.

And on your next car, GET collision and comprehensive, along with underinsured and uninsured.