Everyone is telling us to sue...but is it more trouble than it's worth??
JLWSJC
Posted:
Member since
Re: Do people sue if they get rear-ended??
Depends on what kind of damage/medical bills there were.
AngnShaun
Posted:
Member since
Re: Do people sue if they get rear-ended??
well no matter what its their fault if you were rear-ended... unless you guys are really seriously hurt and cant work and make money... i think it would be more of a hassle to sue
KTnChris
Posted:
Member since
Re: Do people sue if they get rear-ended??
Posted by JLWSJC
Depends on what kind of damage/medical bills there were.
completely agree.
halfbaked
Posted:
Member since
Re: Do people sue if they get rear-ended??
Posted by AngnShaun
well no matter what its their fault if you were rear-ended... unless you guys are really seriously hurt and cant work and make money... i think it would be more of a hassle to sue
Ditto.
jme78
Posted:
Member since
Re: Do people sue if they get rear-ended??
If you have serious damage to your vehicle and serious pain and suffering, then you should sue. If you can't show serious damage, it might be more trouble than its worth.
GiannisWifey
Posted:
Member since
Re: Do people sue if they get rear-ended??
IMO, if I were actually hurt hurt, then yes I probably would for medical expenses. If I was fine and walked away unharmed, then NO I wouldn't. I think I see things this way because I have been in 2 accidents about 6 years ago, both my fault , where I rear ended people and was praying to god they wouldn't sue since they were fine, just had car damage. If it were serious bodily damage, then I couldn understand the suing aspect.
jennybee
Posted:
Member since
Re: Do people sue if they get rear-ended??
Do you know what the other person's insurance limits are? If they are enough to cover damages & medical bills, unless you are severely injured, you should probably stick with insurance. It's a lot less hassle for you...
JLWSJC
Posted:
Member since
Re: Do people sue if they get rear-ended??
Posted by jennybee
Do you know what the other person's insurance limits are? If they are enough to cover damages & medical bills, unless you are severely injured, you should probably stick with insurance. It's a lot less hassle for you...
Yup, that too. Agreed.
springsandra
Posted:
Member since
Re: Do people sue if they get rear-ended??
Make sure you contact your insurance company asap. If you don't file the first paperwork within the first 30 days you are completely 100% barred from ever filing ANY claim from the accident. If you had any damage to your vehicle at all, you need to get that started asap or you'll end up having to pay your own deductible instead of the people who hit you paying it.
Feel free to FM me if you want any more info/advice.
Hope you're ok!!!!!!
jmgoncal
Posted:
Member since
Re: Do people sue if they get rear-ended??
If the medical bills and damage are that high, then your insurance company will sue their insurance company for reimbursement. I would discuss it with your insurance company, but it's probably not worth it unless the damages are substantial enough. (FH does claims for an insurance company... )
JayBee216
Posted:
Member since
Re: Do people sue if they get rear-ended??
Thanks ladies!
The damage was minimal I THINK but it needs to be checked out by a mechanic, which we're bringing it there tonight.
We are both very sore, but we went to the hospital and got looked at and they gave us some meds. We have whiplash. So I feel like the medical bills would just be like our ER co-pays?
We def called the cops and did an accident report and then called our insurance so I think all of our ducks are in a row!
I will leave it up to the insurance person to decide what the next step is!
IrishCro
Posted:
Member since
Re: Do people sue if they get rear-ended??
First, your insurance company will deal with any damage to your vehicle, contact them and give them the information.
Second, no-fault will cover your medical expenses related to your accident up to a certain degree. Again, speak to your insurance company.
Third, in NYS in order to recover $$$ from a personal injury lawsuit stemming from a car accident you have to be injured to a certain extent. If you're not, most plaintiff attorney's won't take your case because there is no monetary value.
It's called meeting the threshold (insurance law 5101(d)). What that basically means is that you need to have an injury that the courts deem serious enough to recover money, otherwise the lawyers for the guy that hit you will most likely move for your case to be dismissed. (qualifying injuries would be fractures, dismemberment and in some counties herniations). OR if you miss 90 out of 180 days from work following the accident, this will negate the need to be injured to a certain extent.
If you have more questions FM me and I'll try to explain further.
vv117
Posted:
Member since
Re: Do people sue if they get rear-ended??
you could always start the process and when the person finds out they're being sued, they might pay up.
SoontobeGallagher
Posted:
Member since
Re: Do people sue if they get rear-ended??
1. If you don't have collison coverage on your vehicle you can also claim through the other parties insurance company, but you still need to call your insurance comany and tell them about the accident. If you are hurt you have 30 days to file a medical claim. If you file it after that they can deny your claim for late notice.
2. You can sue but that doesn't mean you are going to get anything. In New York State you need to meet a threshold and that threshold includes: dismemberment, death, fracture, loss of a fetus, and the list goes on.
3. The reason the New York States rates continue to go up is because people lie about their injuries and everyone sues everyone.
Honestly, would you want someone suing you just because? I know I wouldn't.
Iluvpoodles
Posted:
Member since
Re: Do people sue if they get rear-ended??
Only if you're hurt.
Kristan35
Posted:
Member since
Re: Do people sue if they get rear-ended??
I was rear-ended by a drunk driver and now my back is all messed up. I had to go to physical therapy and everything. I was told by a lawyer, that because I didn't go to the hospital the night of the accident, I had no proof the injury was caused by the accident and I couldn't sue.
Also, because I was rear-ended , I hit the car in front of me. She tried to sue me but it was dropped because she didn't have a case.
I don't know if this helps you at all but I just thought I'd throw my 2 cents in.
JoanneAndJustin
Posted:
Member since
Re: Do people sue if they get rear-ended??
Posted by IrishCro
First, your insurance company will deal with any damage to your vehicle, contact them and give them the information.
Second, no-fault will cover your medical expenses related to your accident up to a certain degree. Again, speak to your insurance company.
Third, in NYS in order to recover $$$ from a personal injury lawsuit stemming from a car accident you have to be injured to a certain extent. If you're not, most plaintiff attorney's won't take your case because there is no monetary value.
It's called meeting the threshold (insurance law 5101(d)). What that basically means is that you need to have an injury that the courts deem serious enough to recover money, otherwise the lawyers for the guy that hit you will most likely move for your case to be dismissed. (qualifying injuries would be fractures, dismemberment and in some counties herniations). OR if you miss 90 out of 180 days from work following the accident, this will negate the need to be injured to a certain extent.
If you have more questions FM me and I'll try to explain further.
What Irish said... I know more about this sort of thing than I ever want to know... You can FM as well, but Irish is on point.
