Should we sue the other driver???

I stand corrected (and educated)…

  1. Ensure that everyone in the car developes a sudden case of whiplash. I’m sure it’s not hard to find a doctor who can be paid to manufacture that kind of injury.

  2. Stop going to work immediately due to above. (goes towards loss of income due to injury)

  3. Whine incesantly about how traumatized you were by the entire incident.

  4. Have child psychologist testify that your baby has been severely traumatized and will need professional help for years to come.

  5. Under no circumstance should you even entertain the idea that the motorist who hit you had absolutely no malicious intent or that you were simply in the wrong place at the wrong time.

Come-on folks, what ever happened to a reasonable response? Whatever happend to a sense of proportion?

Yes the woman has a responsibility to other motorists. Yes she made a mistake that could have cost her her life and the lives of others. Yes she should feel very responsible and profoundly sorry for her mistake. But how do we know that she doesn’t? And what makes you (or anyone) think that a lawsuite would make her feel that profound sorrow more accutely? Chances are, she will only feel bitter.

If you feel you deserve your pound of cash from her insurance company then by all means, sue. But remember this the next time you cause an accident and someone comes after you and your insurance company because they smell easy profit or want to exact vengence.

Consult a lawyer if you feel you must. Have him/her make your aware of your options. And, like I said before, if your property is not restored to you to your satisfaction then by all means - escalate. But if you are dealt with fairly and equitably, I see no reason what-so-ever to drag this case to court for lousy few grand minus legal fees.

It has been many years since I have been involved in an automobile accident. Still, after reading this thread I am going to redouble my efforts at driving safely. I’m sure that many of the posters on both sides of the argument will do the same. So maybe some good has come out of this mess.

Attempted measured response to follow:

It is extremely unfortunate that you were involved in this accident. I really hope your wife’s back is not permanently impaired, although it would not be unusual for her to have some long term, recurring, or even permanent symptoms that adverely affect her life. Also, as she ages she may develop symptoms she would not have had or at an earlier date than absent this traummatic event. And I certainly hope your child has not been significantly or permanently affected.

So how do you figure how much this accident cost you - how much would it take to make you whole? Unfortunately, my experience is that while legal proceedings do the best they can, most people do not feel "whole" after the process. They generally would have preferred that whatever brought them into court did not happen, over eventually receiving an award. You have car and health insurance, so at least that's covered. Both of them will subrogate against the other driver to whatever extent possible. Hopefully you car insurance covers replacement cost. If not, that certainly is a amount you could look to recover. Add in your deductibles and copays (which you could get back as a result of your insurance company’s subrogation action).

So what are your additional, non-monetary costs? And how much would it take to fairly compensate you for them? Unfortunately, my experience is that unless you are really messed up (and thank goodness it sounds as though you weren’t) the payback is not going to be worth the time and effort it takes to pursue the action. As you said, a few thou isn't going to drastically change your life. Meanwhile, you WILL have to document EVERYTHING for which you hope to recover. Use a very rough guide - estimate your expenses (car + meds) and multiply by 3. So 1/3 goes back to your insurance company, 1/3 goes to your atty, and the remaining third is yours, pain and suffering, etc.

We went through a similar experience a few years back. Wife was diving the station wagon, stopped at a red light, got rearended by a truck being driven during the course of business (can you say “deep pockets?”) Shattered the rear tailgate and crumpled the back end, but fortunately no injuries to the 3 young kids. My wife, who has a prior history of back pain, suspects she might experience some more problems as the result of this accident, but how can you be sure? And she still gets around pretty well. Gives her a reason to ask for more back rubs! :slight_smile:

Bottom line, we could have sued, and made a few thousand - automatic. Our recovery would have been lower than yours, cause the car was repairable. My wife went to the doctor, and everyone checked out okay. Car got repaired, and we got out deductible back after the car insurance successfully subrogated. If we wanted, we could have gotten each of the kids cute little cervical collars (oink ones for the girls…), gotten a family plan at the chiro’s, etc. But we didn’t want to spend the time and effort building up the claim. If anyone out there wants to say that it is unheard of for people to do such a thing, well, my experience is different than yours.

In my opinion a lot has to do with your pain threshhold. Or your desire for vengeance. Or how protected and pain free you expect your life to be. Shit happens. And you move on. If I slip and fall, even if I break my leg or something, and it is someone’s fault, well, my insurance covers it and that type of injury heals.

That was the intent of my initial post - you should sue if you have been injured in a manner that legal action is needed to more closely make you whole. Unfortunately, there is a percentage of our society who believes that litigation automatically follows an accident.

Litigation is not exactly a laugh riot. Weigh whether the effort involved is worth what you can realistically expect to get from a fully successful lawsuit, both financially and otherwise.