We were in an auto accident a couple weeks ago. Sitting at a red light, a van runs the light coming the other way, is hit by a truck with the green light, the van slides into us.
The van hits our vehicle on the driver’s side, back section by the gas tank. Our baby was in his car seat behind me, and was only 3 feet from the impact. He was screaming, glass shards everywhere, my wife’s back, shoulder, arm are sore from the impact. We were taken to the hospital and the baby was fine physically, but my wife was in pain (and shock) from the accident (and the thought that her baby was so close to harm). ((The next day the dog knocked over a plant stand in the kitchen, making a loud BANG. The baby cried and screamed and was shaking with fear like he did after the accident. Usually, loud noises didn’t bother him.))
The woman driving the van was sitting on the curb after the accident and when I approached she didn’t even offer an apology. She admitted fault to the police and her insurance company is paying ours for the damage to the vehicle (totaled). There are plenty of eyewitnesses, including the driver who had the right-of-way who hit the van sending it into us.
Her insurance company called today, pretending their computer was down and wanting to hear from us if anyone was injured and our account of the accident. We told them that everything they should need is in the police report and our attorney will contact them if necessary (we don’t really have one yet). I think they’re concerned about being sued, so they’re fishing for information or a way out to a cheap settlement.
We briefly discussed suing the driver but had pretty much let it drop, but now her insurance company has pissed me off and I do think the driver should take some personal responsibility for this, even if that’s just that her car insurance is much higher for her to pay.
Should we sue for my wife’s injuries (sore back, traumatic stress from fearing for her baby’s safety, etc.) or should we let it go? I used to think people were too quick to sue others, but now it seems almost like the way to go.
Definitely contact a lawyer. Generally there is no charge for an initial consultation, and usually this kind of case would be on contingency, so you aren’t out any money if you lose (you will have to pony up 1/3 of your award if you win, though).
I have no idea if this is a viable claim, or if the tort even exists where you are, but in NC you would theoretically have a claim for negligent infliction of emotional distress. In any case, call a lawyer. It won’t cost you anything but some time, and you could get some compensation.
Only if her insurance doesn’t cough up fully for the repairs to your vehicle, including a loaner while it’s in the shop (provided it’s repairable).
Also, full reimbursement for all medical expenses.
Otherwise, You’re lucky to be alive and in one piece, and hopefully the woman learned a lesson about paying attention.
There is a certain risk you assume getting behind the wheel, and idiot drivers are just one of them.
And I agree with you; this country is far too litigation happy.
I don’t think that you’re initiating a frivolous lawsuit in this case, if you choose to do so. Fact of the matter is: The woman ran into you cause she screwed up. Your wife is hurt, your baby is scared, and you’re not the happiest of people. Screw her. You’re not going to bankrupt her. Isn’t the happiness and health of your family worth her having an higher premium? Damn right.
I agree with VB. If they don’t offer to cover everything, which they should, then you have every right to make sure that they do. And if that is the case, I would then seek more than only the damages, for the inconvenience of having to engage a lawyer to do so.
I may be a little jaded - I was hit and run a couple of weeks ago. No damage other than paint scratches, but I did file a police report with her license plate number.
While your plight does seem to carry a lot of trauma to your wife and child, you will probably not be compensated enough for the worth of suing. Furthermore, the court maybe able to see a motive of revenge in your actions, which I don’t think they will respond nicely to.
I want her insurance cancelled or at least raised higher as a punishment for her lack of attention while driving. What if a kid was crossing the street while she ran the red light? Has this happened before, her running lights while being careless?
My theory is that as a result of the accident her insurance rates will go up at least a little, but they may go up more or be cancelled if her insurance company has to pay damages or settle a suit.
If we can restrict her driving (if she has a bad track record) or at least remind her each month (as she writes her premium checks) to be more careful, then it would be worth suing. If, in the process of suing, we are awarded several thousand dollars then our lives won’t change. That isn’t the motivation, but just a necessary by-product of the process.
A few years ago my wife was stopped at a red light. Behind her was another stopped car, and behind that a car was coming to a stop. Suddenly a fourth car piled into car3, pushing it into car2, pushing it into my wife’s car. My wife and her passengers were unhurt, so they let it drop.
A year or so later, we got a letter in the mail from a lawyer for the driver of car2. They were suing US! I was flabberghasted. The driver of that car was clearly not at fault herself, and had a right to sue, but why sue us? I called up the lawyer and put this question to him (or his staff member). They calmly explained that their standard policy was to sue anyone involved in the crash, and let the courts sort it out.
I had to go down to the police station to get a police report, no small hassle, but no other consequence.
I wrote to the State Supreme Court, which is in charge of disciplining lawyers. They wrote back that they couldn’t get involved with the lawsuit while it was still active, but that in general they believed in the right to sue. After that I just gave up.
Whatever H8_2_W8 does with his situation, he has a long way to go before even approaching the limits of litigation in contemporary society.
The keyword here is that it was an accident. They happen every day. It’s a risk we assume every time we take the car out of the garage.
A few thousand dollars isn’t going to get your baby over its fear of loud noises. It isn’t going to get your wife over her soreness. And it sure won’t buy you peace of mind.
Accept the fact that the other driver screwed up, be glad that everyone is alive and intact, and move on with your life. The next driver to make a mistake might be you.
she was being careless and not paying attention to the road. I never saw her braking while entering the intersection, so if she even saw the red light then she was trying to run it and if she didn’t see the red light then she wasn’t paying attention.
The cop told me that she claims to have seen the red light and was trying to brake her van, but I didn’t see her (or hear her) try to stop before she was hit and her momentum carried her into us.
Granted, she didn’t wreck into us on purpose, but it could have been avoided if she were more careful. It isn’t like her brakes failed or a wheel came off her van and she lost control.
Again, a few thou won’t change anything for us but maybe it’ll be enough that she’ll be dropped from her insurance. (BTW, it is illegal in Indiana (probably in most states) to drive w/o liability insurance on your car.)
I would talk to a local lawyer for a consultation. Find one through references from friends or acquaintances whose judgment you trust. Talk about the case with the attorney. One of the key questions you should ask, given your stated hesitancy about bringing a suit at all, is what the statute of limitations is to bring this suit in your jurisdiction. Basically, the statute of limitations is the amount of time you can wait from the time of the accident to when you have to file a lawsuit. In cases like yours, it is typically between one and three years.
The reason you should find this out, in my opinion, is that you should wait to see how well and how quickly your wife recovers from her injuries. If she has continuing problems with her neck and back, then you may well want to file suit if only to get the medical expenses covered. If she recovers well and quickly (which is what I hope for your sake), then you may not want to.
Either way, contact an attorney and get the information you need to make an informed decision.
Hey, if you want to go through the time and effort, you should have no trouble working it up for a few thou. But it won’t be quick. And it won’t be huge. And you know a 3d or so will go to your whore, I mean representative, and you’ll have to cover your bills.
That’s the way the system works. If you are fortunate enough to be in the proximity of an unfortunate event, and adopt the appropriate posture, you have earned an award. Ain’t our country great?!
Whether or not you decide to sue, you should be keeping track of all the little things that are bothering you right now. Get a notebook and write down each time you or your wife have to take so much as an aspirin for the pain, write down your child’s reactions, write down everything. Every phone call, every detail.
If you settle with the insurance co this will all go toward the emotional and physical damage that you have endured as a result of this accident. It can make a difference in the settlement, according to the insurance agent I worked 3 years for.
Also, insurance companies have insurance information clearinghouses. Every time any insurance report is made out it goes in someones record. This record is what the underwriters look at when writing a new policy, or during policy reviews. Even if the girl that hit you gets little to no punishment for the accident, it will be in her insurance record. Be assured, this will cause her to pay much more in insurance rates.
Suing is a messy, messy business. But the safety and well being of your baby is very important. I think you should talk to a doctor about the severity of the damage and to a lawyer, to find out if you have a chance of a successful siut. Before you jump into it, make sure you are ready for a HUGE lagal mess!!
I don’t know about HUGE legal mess, although it is no fun at all. If you are determined and patient, things will work out fine. If you do decide to get a lawyer, do it now. Don’t keep talking to any adjusters, your attorney should do that. Don’t guess, don’t estimate on the accident report that the adjusters want you to fill out.
The average car-accident lawsuit can take 2 or more years to actually get to court. The insurance companies will settle faster without attorneys involved, but maybe not settle as well. Any attorney fees (if you do go to court) can be added to the compensation, so it does not need to come out of your part of the settlement.
BTW, I would get an estimate of the car at 3 different places. Is it totaled? If so, get a replacement cost estimate in writing from 2 or more dealerships. You don’t really care at this point about the actual value of the vehicle, you care about the replacement cost. After all, you did not need to replace it until this chick hit you.
Squooshed and HomeSlice made good points here. Neck and back injuries often take a long time to heal, and periodically flare up again. My father still has neck problems from a car accident he was in more than thirty years ago. Regardless of whether you decide to sue or not, your wife’s back injury is something that you should discuss at length with her doctor and with the other driver’s insurance company.