I was hit by a drunk driver at his own fault. my car was totaled out.I have had to go to the Dr.'s because I suffered neck injuries,and head injuries.''whiplash,and concusion.'' Also I had to miss 25hrs of work due to this I am still haveing aches with my neck.I have decided that I want to sue for injuries and lose of vehicle,but his insurance will only pay for the amount the car was worth.How should I handle this The car was paid for and now I will have to make payments on a car that I feel I should not have to do.This is something I can't afford.and I have had to use my medical insurance to cover the injuries that was cause by him.Do I have grounds for a lawsuit and how much should I expect?
please any information would be great.
1 Answer from Attorneys
Here is some information you should know.
First of all, you DO NOT have to accept the settlement. Some insurance carriers are just hard to work with. However, you still MUST pay for the car (your payments) unless you want to go into default on your loan which could cause problems with purchasing another car.
You also NEVER get the cost of what you owe on the vehicle. That is because you owe MORE (because you borrowed money) than the actual price of the car.
That being said, normally I tell my clients to try to "make up" the difference between what they owe and what is offered by using the funds they may receive from the BODILY INJURY claim.
If you have personal injuries, get a lawyer. Some claims have MORE value than people realize (because they are not lawyers).
Remember, an insurance company does NOT make money by paying maximum benefits on peoples personal injuries claims. Insurance companies make money by taking premiums.
You should determine your statute of limitations the "deadline" in which you MUST have your lawsuit filed or forever lose your claim.
NO ONE can tell you what your claim might be worth until they have reviewed your medical records and billing statements.
If indeed you were hit by a drunk driver, you may have a good case.
If you have questions, you can call me.