It was on a hot and humid day where there are hardly any cars or people around when I was in a minor car accident on 7/21/08. I stopped at the red light, then turned left onto the right lane when the light turned green to make a right turn on the next block. Once I made that left turn after the light turned green (maybe 1/3 of the way on the block), I heard someone's engineer speed up and when I turned to my left, my mirror (I was the driver-17 weeks pregnant) already broken. The other car drove too fast and too close to me (trying to cut me off to jump in front of me), I got hit and shifted to my right side where there were cars parked on the street. I immediately held tight to the steering wheel and turn a bit left so that I won't hit the parked cars. And of course, the other driver's car shifted a bit to their left when I turned my steering wheel to my left to avoid hitting parked cars on my right. When the other driver stopped their car and parked in front of me. I notice 3 people jumped out of their car. I looked at them make sure they are ok. It took me a few seconds to get my conscious back. Then the passenger on the right side said "why did you try to cut us off "was the first thing out of his mouth. I knew I was in trouble and they will make up all kinds of stories (since it was a hot (at least 90 degrees and humid), and no (witness) no one and no cars are nearby. There are 3 teenagers range 18-20 and I am this 17 weeks pregnant woman. When I heard what he said, I immediately took out my note pad and write down their plate # and then call the cops in my seat. I didn't want to get out of my seat and have them harassed me or what not. When I called 911, I had to get out of my car to give them the cross street of the accident. After the call is made, I stood next to my car and the driver came over to ask what my insurance company is. I told him what it is but wanted to asked him what is his but the cops got there and I didn't get a chance to find out his.
When the cops came, he asked the same questions 3 times so I knew the other driver and passengers were lying. I knew I was in trouble with these teenagers the first thing they said to me when they stepped out of their car.
More than a week later, I finally got the police report. Just as I expected, they turned the story around, they said I was trying to cut them off on my left. I called my insurance company the same day and told them that my mirror is broke and need to get in touch with the other driver's insurance company. My insurance can't get me any information until I get the police report. When I finally got the police report, they called on my behalf and found that the vin # and the person's name does not exist in that insurance company. I was very frustrated, I need my car to go to work everyday. Anyhow, the next day after the accident, I went for a check up to make sure my pregnancy was ok. I was sent to the hospital because my ob/gyn does not have the equipment to do a thorough check up on me. Now my emotion damage is greater than ever before. This is my first accident. It's very tramatic for me especially that I am expecting our first baby. My husband worries about me and I get too nervous driving 12-13 miles each way to go to work. And knowing that some drivers might be driving without insurance scared both of us. After giving myself 2 weeks, my husband and I finally agree that I should stop working and stay home. We don't want anything happen on the road on my way to work. So I gave my employer 2 weeks of notice for resignation.
On 9/11/08, I got a summon from the other driver, and he is suing me for bruises (I wonder how he got that), injuries, medical expenses because of my negligence etc…I called my auto insurance company right away.
All these time, I didn't know he had insurance (for whatever reason, my car insurance company got the wrong insurance company name for the other driver's insurance and they called, that driver did not exist in their system). And I figure I got screwed on this case.
Here I am getting a summon from the other driver. I sold my car (actually giving away to my brother without fixing up mirror (but I did took some pictures of the broken mirror)). I didn't have much medical bills because I only gone for check up for my pregnancy. And it is close to 2 months since the accident. My emotional damage is greater than ever. So is my economic loss. I want to know if I can sue base on my economic loss (I had to quit my full time job) and emotional damage (instead of being very happy and welcoming my new baby, I am stressed over this case and the nervousness I have to deal with when I get into the car).
Is it too late to sue? Is it worth it to sue? Do you think I have enough expenses to cover lawyer costs?
Any input would be appreciated. Thanks!
MSAD
Take the summons to your insurance company right away. Do not hesitate.
Your insurance company will hire an attorney to defend you. As part of that defense, they may decide to file a counter -claim.
You can hire an attorney of your own as well (at your own expense) but it's really not necessary. The attorney your insurance company will hire will be a competent attorney that specializes in insurance defense work. He will be hired to represent you.
The reason you have to get the law suit to your company right now--- there is a time limit to get an answer on file. Usually it's 30 days. If you do not get an answer on file in time-- it's an automatic "you lose". Does not matter how good your case is.
So - contact your adjuster right now.
Kizzy
You need to take the summons to your insurance carrier right away as they have only 30 days to respond. They will assign one of their own attorneys to defend you.
You can hire your own attorney for personal injury as your insurance company cannot represent you in a bodily injury case. I sincerely doubt you would be able to claim/gain for 'emotional distress' as it was your decision to resign employment and not a doctor taking you out. You have no 'actual' injury, I'm not ever sure a good attorney would take the case.
There will always be drivers out there without insurance, it's the way it is now days. Nothing to be done about it, each state has to step up and demand proof of insurance upon registration renewal. Until then, we all have to drive to work and move on.
Orignal From: Car accident, should I sue as well?
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