Ever Sue or Been Sued? Need advice!

Ashleigh8993 · 05-15-2007, 12:34 PM

Hey all, Kind of new to the forum, but some of you read the previous posts and seen the pics of my poor wrecked civic.

I have a meeting with a lawyer tomorrow to discuss whether or not I have a case to sue the kid who hit me.

Here's the cliff notes of the story:

I got a brand new civic, yay me! Had worked real hard to save up money and get in a position I could afford a car, 07 Civic EX, royal blue pearl, less than 2k miles, 1g down, 2 payments of 378 made.

I was at a dead stop at approx 11:30pm on my way home from work on the highway. I was stopped in a line of traffic waiting to be flagged through a construction zone where they were repaving. I was the last in line and left about 10-12 feet between myself and the pick up in front of me.

A driver came up behind me at full speed, also in a pick up truck. He was under the influence (not sure if drugs or drinking, but def out of it). He was also driving with a suspended license in his grandfathers Ford F150 that was insured in his g'fathers name.

I was hit so hard I was shoved into the car in front of me and my car was later determined to be totaled by Geico. The kid who hit me was arrested on the spot for several charges.

This happened 4/19. Today I have an appointment for a CT scan of my head and x-rays of my back because I have a constant twitch in my right eye (the kind that happens to everyone once in a blue moon that nobody else can see but you and it drives you crazy... know what I mean?) and when it twitches, my right eye's vision goes blurry. My back pain is still pretty intense at times and stiff most of the time. I start PT for that, my shoulders, and chest soreness tomorrow from the accident.

I've never been in a situation like this, nor do I know anyone who has been in one. Any advice/tips you could give would help a lot, like how much to ask for, what to expect, etc.

Thanks!

Ashley

CivicCoupe06 · 05-15-2007, 12:37 PM

stay true to your words. get everything documented from the doctors. make sure your attorney is aware of any changes.

The fact that he was driving with a suspended license, under influence, road rage, not his car, and the fact that your hurt.

You will win this case. have the person you hit also talk to your lawyer. both of you against him is good too.

Anubis · 05-15-2007, 12:46 PM

I would say you certainly have a case with all the details you listed. I filed a lawsuit against Dodge and won before, but that was my only lawsuit I ever filed. Good luck

***xtant21*** · 05-15-2007, 12:48 PM

I don't really have an idea of what to ask for...I do see a win in your future if you and your lawyer handle it correctly. Be ready to answer any and all difficult questions about yourself...his lawyer will try to discredit you in some way, of course. It could go down to things like your workout at the gym...he can try to pin your back pain on that...it will be tough for him to do so...but it doesn't mean he won't try. Be ready to defend yourself...not just go after him. Your lawyer should know this and expect this.

As for money...I have no idea what to ask for...your lawyer (as long as not some sleaze) should be able to give you a clue...he won't tell you what you should go for but should be able to tell you where to look for the answer. That said...it doesn't sound like this kid has a lot or is of the most extraordinary financial capacity...I see you winning but I don't know how much you'll ever see no matter what the judgment is for.

I feel your pain and I'm not trying to be a dark cloud...I'm just thinking in real terms. It could go really good for you...but I've seen these things go not as planned. Hope you feel better.

MBK · 05-15-2007, 12:48 PM

if you are fine then don't sue.

***xtant21*** · 05-15-2007, 12:50 PM

Quote:

Originally Posted by MBK

if you are fine then don't sue.

Agreed...no frivolous lawsuits.

Hers does not sound like this though...from what she says she really is having issues related to the accident.

CivicCoupe06 · 05-15-2007, 01:08 PM

don't sue? she could have been hurt. DO NOT LIFT anything or GO TO THE GYM. I work at a law firm. Do not do anything that can compromise your case.

mikepesikan · 05-15-2007, 01:54 PM

First I'm sorry you lost your car, that sucks.

Second you better learn patients cause lawsuits can take a long time. You need to decide what you want from this. If your resonable and will settle for a little less it will be quicker, if your adament and inflexable it will go to court and could take up to a couple years. The longer it goes the more your lawyer will make and the less you will get.

Good luck

***CaliGuy*** · 05-15-2007, 02:05 PM

Quote:

Originally Posted by mikepesikan

First I'm sorry you lost your car, that sucks.

Second you better learn patients cause lawsuits can take a long time. You need to decide what you want from this. If your resonable and will settle for a little less it will be quicker, if your adament and inflexable it will go to court and could take up to a couple years. The longer it goes the more your lawyer will make and the less you will get.

Good luck

Word!

I work in auto claims and you're almost always better of without a lawyer. The fact is that a lawyer will take 30-50% of your settlment. An insurance company will not give you more money because you have an attorney! First, you don't need to sue (not now anyway). You just need to get better and then submit your bills and records to the insurance company. Then you can negotiate a settlement.

You would be shocked at the amount of people that I've talked to after cases settled that are so pissed that they got a lawyer! The onl time you really need a lawyer is if you are really, seriously injured (like you lost an arm) and there is a huge insurance policy to go after (which is usually not the case)...

Hope this helps...

Ashleigh8993 · 05-15-2007, 02:51 PM

Well Geico already paid off the blue civic and are paying my medical bills. I already got the new civic (07 EX w/ Navi in Black hawk pearl :-) ) Do I have more like... pain and suffering.... that I'm entitled to?

MBK · 05-15-2007, 02:57 PM

Quote:

Originally Posted by Ashleigh8993

Well Geico already paid off the blue civic and are paying my medical bills. I already got the new civic (07 EX w/ Navi in Black hawk pearl :-) ) Do I have more like... pain and suffering.... that I'm entitled to?

SUE... TAKE ALL THEIR MONEY. TAKE THEIR HOUSE, TAKE THEIR CARS, TAKE THEIR LIVES. DO IT. YOU WILL BE HAPPIER BECAUSE OF IT.

***xtant21*** · 05-15-2007, 03:02 PM

Quote:

Originally Posted by Ashleigh8993

Well Geico already paid off the blue civic and are paying my medical bills. I already got the new civic (07 EX w/ Navi in Black hawk pearl :-) ) Do I have more like... pain and suffering.... that I'm entitled to?

It depends...what kind of pain and suffering are you referring to? You state that you really are in pain and suffering...is Geico doing all they can do to pay every single penny of that care you are receiving to alleviate this pain and suffering? If not...yes you deserve more.

You didn't deserve for this to happen; however, being vile and vindictive and letting a sleazeball lawyer (or friends/family) tell you that you are entitled to make money off of an accident is just plain wrong and immoral.

So if you are referring to the real physical pain that you have and Geico isn't cutting the mustard...go get what you need to get your life back to where it was/should be.

If you are referring to someone putting a bug in your ear that you deserve money because you were in an accident then no...nothing more is deserved.

The entire idea here is that whatever damages he caused to you...property, physical, medical should be completely taken care of and you should be out nothing. If these needs are being covered then all is how it should be.

Should you have UNCORRECTABLE physical trauma from this event...that lasts down the road then yes you should seek *something* more because your life will not be the same as it was before the accident and you'll have excess care for yourself...but if you need some therapy and will be fine...let Geico pay for it and get your life back. Done deal. Sounds like some therapy and some Tylenol will solve your problem(s) though. If Geico stops paying...then go get 'em tiger.

No one owes you a fortune for an accident...thus the term accident. It sucks that it happened but we live in a world that has other people in it. Accidents are bound to happen.

I have "pain and suffering" every day I go to work...do I get to sue my employer for more money? Bad example for a real case...but a good example of a frivolous case.

mikepesikan · 05-15-2007, 03:06 PM

When I was involved in a wreck (friend driving and I was a passenger) the other guys (at fault) insurance settled with me for 4x my medical bills. 3 to 4 times the total of your medical bills is usually what they will pay. If you get a lawyer they will get at least a third of it, I would suggest you wait until the doctor clears you then contact the insurance co, they are pretty reasonable and even if they lowball you it will be more than what you will get after the lawyer takes his cut. All you can do is run up a medical bill.......maybe you need an MRI, more x-rays, Physical Therapy, etc.

dvdkendrick · 05-15-2007, 04:19 PM

I am an auto insurance adjuster and I can tell you, you will get the same amount of money from the insurance coompany whether you have an attorney or not, plus the attorney will get at leat 30%. If you file suit, he gets 40%. He will then negotiate the meds lower and get even more of a cut into your pocket. My advise is to compete the treatment and get well. then contact the insurance company and explain all over you lost wages, medical bills, and any out of pocket expenses. If you get an attorney, you will get less in your pocket. BE AWARE OF ATTORNEY's-THEY ONLY WANT MONEY, AND DON'T CARE ABOUT YOU!! 100% of the attorneys I deal with don't even know the name of their client's. They need a few minutes to pull the file.

just my 2 cents

***CaliGuy*** · 05-15-2007, 04:46 PM

Quote:

Originally Posted by mikepesikan

When I was involved in a wreck (friend driving and I was a passenger) the other guys (at fault) insurance settled with me for 4x my medical bills. 3 to 4 times the total of your medical bills is usually what they will pay. If you get a lawyer they will get at least a third of it, I would suggest you wait until the doctor clears you then contact the insurance co, they are pretty reasonable and even if they lowball you it will be more than what you will get after the lawyer takes his cut. All you can do is run up a medical bill.......maybe you need an MRI, more x-rays, Physical Therapy, etc.

Buauuauuaaaaaahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhaahahahahahah!!!!! Not here anyway! Unless you lost a limb! You would be lucky to get your meds + 1/2!

***CaliGuy*** · 05-15-2007, 04:47 PM

Quote:

Originally Posted by dvdkendrick

I am an auto insurance adjuster and I can tell you, you will get the same amount of money from the insurance coompany whether you have an attorney or not, plus the attorney will get at leat 30%. If you file suit, he gets 40%. He will then negotiate the meds lower and get even more of a cut into your pocket. My advise is to compete the treatment and get well. then contact the insurance company and explain all over you lost wages, medical bills, and any out of pocket expenses. If you get an attorney, you will get less in your pocket. BE AWARE OF ATTORNEY's-THEY ONLY WANT MONEY, AND DON'T CARE ABOUT YOU!! 100% of the attorneys I deal with don't even know the name of their client's. They need a few minutes to pull the file.

just my 2 cents

Just what I said...It is the truth...all Insurance adjusters know this...

NdSiSive · 05-15-2007, 07:16 PM

Hi Ashley...glad you weren't hurt any worse than you were.
I was involved in an accident a few years ago. A guy backed into the driver door of my 94 Prelude as I was stepping out of it, pinning and crushing my left leg between the door and door frame. LUCKILY I didn't loose my leg and didn't break any bones but it did crush everything else in my calf (muscle, tendons, ligaments). I was out of work for about 2 weeks and had physical therapy for about 2 months after that. My leg is fine now except for a little aching when it rains and a small indentation that is still visible in the front of my shin.
With all that said, I consulted a lawyer about my injury and he told me to settle myself. LOL (I know, I was floored too.)
Through the other guys insurance company, I got my car fixed, was provided a rental while it was being fixed and throughout my recovery (left leg injured - drove a 5speed, you see why). Be prepared, the insurance company will hit you low at first with a settlement, but don't accept their first offer. Get all the medical ammo you can because you have no clue what could happen in the future from the injuries. And like another person mentioned in an earlier post. HAVE PATIENCE. This will not happen overnight. I faired pretty well after I finished with physical therapy and settled with the other guys insurance company, but they low balled me by about $10,000 with their first offer, so just be patient, be firm and most importantly make sure you have all the medical workup you could think of because you don't want to have problems later down the road. Good luck to you sweetie and congrats on the new car! ~Erin~

CivicChris · 05-15-2007, 07:52 PM

Well, I don't have much else to offer in terms of advice that hasn't already been mentioned... everyone has covered the topic pretty well so far. Just make sure you keep every doctor's appointment (missing any will make it seem like you aren't sore/injured enough to make your visits a top priority).

My accident happened December of 2005 and I still have not settled my case yet. I am still sore but the five doctors that I've seen have all told me that although I have sustained permanent injuries, they offer no advice/treatment as to lessen the discomfort. Just a pleasant 'suck-it-up and deal with it' attitude. Six months of PT didn't get me far and they say that I'm too young to have surgery.

I'm not going to settle my case until I feel comfortable doing so, which may take another year and a half. Once you settle, that's the end of their responsibility.

TexasK20Z · 05-16-2007, 12:43 AM

Do not hire a TV lawyer... get some recommendations from friends/family... and sue the tee-total shit out of the bastard kid's grandfather's insurance! You have every bit of a case... all one has to show to win is negligence and driving under the influence of ANYTHING is 100% negligent!!

I am in the middle of a case against a woman that ran a red light at ~50mph (5 over the limit) that ended when she broad sided me in my Subaru... I didn't suffer too bad of injuries, but I am still sueing the bitch for not paying attention (the light had been red for a minimum of 45 seconds)...

I wish you the best of luck...

Exeon · 05-16-2007, 12:57 AM

Definitely sue, make that kid and his family learn a lesson and earn money. Although you should of sued at the beginning, and stayed home from work and frequent doctor visits, it's not too late because some injuries take awhile to really feel. You have a perfect/win case because he was 100% fault with alcohol and suspended license.

05-15-2007, 12:34 PM	#1 (permalink)
Ashleigh8993 Junior Member Join Date: Apr 2007 Location: Pittsburgh Posts: 8 Ashley iTrader: 0 / 0%	Ever Sue or Been Sued? Need advice! Hey all, Kind of new to the forum, but some of you read the previous posts and seen the pics of my poor wrecked civic. I have a meeting with a lawyer tomorrow to discuss whether or not I have a case to sue the kid who hit me. Here's the cliff notes of the story: I got a brand new civic, yay me! Had worked real hard to save up money and get in a position I could afford a car, 07 Civic EX, royal blue pearl, less than 2k miles, 1g down, 2 payments of 378 made. I was at a dead stop at approx 11:30pm on my way home from work on the highway. I was stopped in a line of traffic waiting to be flagged through a construction zone where they were repaving. I was the last in line and left about 10-12 feet between myself and the pick up in front of me. A driver came up behind me at full speed, also in a pick up truck. He was under the influence (not sure if drugs or drinking, but def out of it). He was also driving with a suspended license in his grandfathers Ford F150 that was insured in his g'fathers name. I was hit so hard I was shoved into the car in front of me and my car was later determined to be totaled by Geico. The kid who hit me was arrested on the spot for several charges. This happened 4/19. Today I have an appointment for a CT scan of my head and x-rays of my back because I have a constant twitch in my right eye (the kind that happens to everyone once in a blue moon that nobody else can see but you and it drives you crazy... know what I mean?) and when it twitches, my right eye's vision goes blurry. My back pain is still pretty intense at times and stiff most of the time. I start PT for that, my shoulders, and chest soreness tomorrow from the accident. I've never been in a situation like this, nor do I know anyone who has been in one. Any advice/tips you could give would help a lot, like how much to ask for, what to expect, etc. Thanks! Ashley

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05-15-2007, 12:37 PM	#2 (permalink)
CivicCoupe06 Senior Member Join Date: May 2007 Location: USA Age: 23 Posts: 3,092 BMW CA (Fanatic) iTrader: 1 / 100%	stay true to your words. get everything documented from the doctors. make sure your attorney is aware of any changes. The fact that he was driving with a suspended license, under influence, road rage, not his car, and the fact that your hurt. You will win this case. have the person you hit also talk to your lawyer. both of you against him is good too.

05-15-2007, 12:46 PM	#3 (permalink)
Anubis Senior Member Join Date: Sep 2006 Location: Williamsburg, VA Age: 28 Posts: 4,866 iTrader: 6 / 100%	I would say you certainly have a case with all the details you listed. I filed a lawsuit against Dodge and won before, but that was my only lawsuit I ever filed. Good luck

05-15-2007, 12:48 PM	#4 (permalink)
*xtant21* Philawarepragacago Join Date: Jan 2007 Location: South Florida Posts: 817 Bill iTrader: 0 / 0%	I don't really have an idea of what to ask for...I do see a win in your future if you and your lawyer handle it correctly. Be ready to answer any and all difficult questions about yourself...his lawyer will try to discredit you in some way, of course. It could go down to things like your workout at the gym...he can try to pin your back pain on that...it will be tough for him to do so...but it doesn't mean he won't try. Be ready to defend yourself...not just go after him. Your lawyer should know this and expect this. As for money...I have no idea what to ask for...your lawyer (as long as not some sleaze) should be able to give you a clue...he won't tell you what you should go for but should be able to tell you where to look for the answer. That said...it doesn't sound like this kid has a lot or is of the most extraordinary financial capacity...I see you winning but I don't know how much you'll ever see no matter what the judgment is for. I feel your pain and I'm not trying to be a dark cloud...I'm just thinking in real terms. It could go really good for you...but I've seen these things go not as planned. Hope you feel better.

05-15-2007, 12:48 PM	#5 (permalink)
MBK Senior Member Join Date: Nov 2006 Location: Park Ridge Posts: 6,757 Mike iTrader: 3 / 100%	if you are fine then don't sue.

05-15-2007, 01:08 PM	#7 (permalink)
CivicCoupe06 Senior Member Join Date: May 2007 Location: USA Age: 23 Posts: 3,092 BMW CA (Fanatic) iTrader: 1 / 100%	don't sue? she could have been hurt. DO NOT LIFT anything or GO TO THE GYM. I work at a law firm. Do not do anything that can compromise your case.

05-15-2007, 01:54 PM	#8 (permalink)
mikepesikan Senior Member Join Date: Jul 2006 Location: N. Texas Posts: 410 iTrader: 2 / 100%	First I'm sorry you lost your car, that sucks. Second you better learn patients cause lawsuits can take a long time. You need to decide what you want from this. If your resonable and will settle for a little less it will be quicker, if your adament and inflexable it will go to court and could take up to a couple years. The longer it goes the more your lawyer will make and the less you will get. Good luck

05-15-2007, 02:51 PM	#10 (permalink)
Ashleigh8993 Junior Member Join Date: Apr 2007 Location: Pittsburgh Posts: 8 Ashley iTrader: 0 / 0%	Well Geico already paid off the blue civic and are paying my medical bills. I already got the new civic (07 EX w/ Navi in Black hawk pearl :-) ) Do I have more like... pain and suffering.... that I'm entitled to?

05-15-2007, 03:06 PM	#13 (permalink)
mikepesikan Senior Member Join Date: Jul 2006 Location: N. Texas Posts: 410 iTrader: 2 / 100%	When I was involved in a wreck (friend driving and I was a passenger) the other guys (at fault) insurance settled with me for 4x my medical bills. 3 to 4 times the total of your medical bills is usually what they will pay. If you get a lawyer they will get at least a third of it, I would suggest you wait until the doctor clears you then contact the insurance co, they are pretty reasonable and even if they lowball you it will be more than what you will get after the lawyer takes his cut. All you can do is run up a medical bill.......maybe you need an MRI, more x-rays, Physical Therapy, etc.

05-15-2007, 04:19 PM	#14 (permalink)
dvdkendrick Member Join Date: Jun 2006 Location: Gulfport, MS Posts: 38 iTrader: 0 / 0%	I am an auto insurance adjuster and I can tell you, you will get the same amount of money from the insurance coompany whether you have an attorney or not, plus the attorney will get at leat 30%. If you file suit, he gets 40%. He will then negotiate the meds lower and get even more of a cut into your pocket. My advise is to compete the treatment and get well. then contact the insurance company and explain all over you lost wages, medical bills, and any out of pocket expenses. If you get an attorney, you will get less in your pocket. BE AWARE OF ATTORNEY's-THEY ONLY WANT MONEY, AND DON'T CARE ABOUT YOU!! 100% of the attorneys I deal with don't even know the name of their client's. They need a few minutes to pull the file. just my 2 cents

05-15-2007, 07:16 PM	#17 (permalink)
NdSiSive Junior Member Join Date: Apr 2007 Location: Hampton Roads, VA Age: 37 Posts: 22 Indecisive Female : ) iTrader: 0 / 0%	Hi Ashley...glad you weren't hurt any worse than you were. I was involved in an accident a few years ago. A guy backed into the driver door of my 94 Prelude as I was stepping out of it, pinning and crushing my left leg between the door and door frame. LUCKILY I didn't loose my leg and didn't break any bones but it did crush everything else in my calf (muscle, tendons, ligaments). I was out of work for about 2 weeks and had physical therapy for about 2 months after that. My leg is fine now except for a little aching when it rains and a small indentation that is still visible in the front of my shin. With all that said, I consulted a lawyer about my injury and he told me to settle myself. LOL (I know, I was floored too.) Through the other guys insurance company, I got my car fixed, was provided a rental while it was being fixed and throughout my recovery (left leg injured - drove a 5speed, you see why). Be prepared, the insurance company will hit you low at first with a settlement, but don't accept their first offer. Get all the medical ammo you can because you have no clue what could happen in the future from the injuries. And like another person mentioned in an earlier post. HAVE PATIENCE. This will not happen overnight. I faired pretty well after I finished with physical therapy and settled with the other guys insurance company, but they low balled me by about $10,000 with their first offer, so just be patient, be firm and most importantly make sure you have all the medical workup you could think of because you don't want to have problems later down the road. Good luck to you sweetie and congrats on the new car! ~Erin~

05-15-2007, 07:52 PM	#18 (permalink)
CivicChris Senior Member Join Date: Apr 2007 Location: Baltimore Posts: 385 Chris iTrader: 0 / 0%	Well, I don't have much else to offer in terms of advice that hasn't already been mentioned... everyone has covered the topic pretty well so far. Just make sure you keep every doctor's appointment (missing any will make it seem like you aren't sore/injured enough to make your visits a top priority). My accident happened December of 2005 and I still have not settled my case yet. I am still sore but the five doctors that I've seen have all told me that although I have sustained permanent injuries, they offer no advice/treatment as to lessen the discomfort. Just a pleasant 'suck-it-up and deal with it' attitude. Six months of PT didn't get me far and they say that I'm too young to have surgery. I'm not going to settle my case until I feel comfortable doing so, which may take another year and a half. Once you settle, that's the end of their responsibility.

05-16-2007, 12:43 AM	#19 (permalink)
TexasK20Z Senior Member Join Date: Dec 2006 Location: Useless, TX Age: 28 Posts: 1,057 Yes... they are NEON ORANGE! iTrader: 0 / 0%	Do not hire a TV lawyer... get some recommendations from friends/family... and sue the tee-total shit out of the bastard kid's grandfather's insurance! You have every bit of a case... all one has to show to win is negligence and driving under the influence of ANYTHING is 100% negligent!! I am in the middle of a case against a woman that ran a red light at ~50mph (5 over the limit) that ended when she broad sided me in my Subaru... I didn't suffer too bad of injuries, but I am still sueing the bitch for not paying attention (the light had been red for a minimum of 45 seconds)... I wish you the best of luck...

05-16-2007, 12:57 AM	#20 (permalink)
Exeon Senior Member Join Date: Mar 2006 Location: Burnsville, MN Age: 21 Posts: 2,049 lost the mod bug iTrader: 11 / 100%	Definitely sue, make that kid and his family learn a lesson and earn money. Although you should of sued at the beginning, and stayed home from work and frequent doctor visits, it's not too late because some injuries take awhile to really feel. You have a perfect/win case because he was 100% fault with alcohol and suspended license.