What steps do I need to take if I want to sue ??

by kiwithao » Mon Feb 16, 2009 04:50 pm

I had a car accident this morning. The other driver was at fault. They ran a redlight and hit the passenger side of my 4runner. My car did a 360 and ended up in the oppsite direction in the middle of the intersection. My bf was in the car along withmy two children. My son is 3 months and my daughter is 3 years old. My car is totaled.We called the police and when they arrived went ahead and took our information. The other driver was parked in a empty lot several yards away from the scene. The police had told us that the passenger of the driver that hit us was intoxicated, but did not let us know if the driver was under the influence. I believe she was but there is no proof. I have not yet recieved the police report, but the police told us that she was a fault and recieved a citation. The other driver went to the hospital because she had a cut in her arm. What should I do? I don't have her information as of now, and I am having sever neck pain. I'm lost and have no clue on what to do. I called my insurance but they told me to just go ahead and get medical help and then later talk to her insurance. I'm so unclear on what to do. Please help in any way. I'm also thinking of suing the other driver. What steps do I need to take ?

Total Comments: 4

Posted: Mon Feb 16, 2009 05:20 pm Post Subject:

It is very clear from your thread that the other driver was drunk and even the police has also admitted that they were drunk.So, you should not at all worried about whether you are going to get claim or not, but just wait till the time all police officials do collect the evidences and prepare a charge sheet so that they will have enough evidences against that driver so it can be proved in the court legally.

I can understand your worry, that when it takes very long time for the prosecution then it really sucks.But i suppose that you have phone numbers of those police office where you have lodged a complaint then surely you will get response from them.

one more immediate thing you should do once you reach to your home after getting clearance from the hospital that you should submit the official documents of the police complaint about the incident to your personal insurer, so you can make a claim about it. :( :( :(

Posted: Mon Feb 16, 2009 10:49 pm Post Subject:

Hi Kiwi, Sorry to hear of your accident. If you have med pay on your own auto insurance it will cover your medical bills. You should make sure you and the others get the medical treatment that you need. Sometimes it can take up to two weeks to get your hands on. The other drivers insurance company has up to 48 hours to contact you so you may have more luck with getting the insurance information from them.
I would keep all your medical records but I would not jump into getting an atty too quickly. A lot of these things, especially if not complicated, can be easily settled out between you and the other insurance compnay. Lawyers take a pretty penny (33%) and they also take their time. I would consider this when thinking of an atty. Good luck.

Posted: Tue Feb 17, 2009 05:14 am Post Subject:

I'd second what firey has said, don't jump to get an attorney. Since you don't know the other driver's insurance information you may have to seek it from the police. Let them know that you need this information on priority basis since you have to submit the claim with the insurer. At the same time you should also inform your insurer about the incident. Do you have the plate number of the responsible driver? You can then look up the necessary information on the DMV site.

Posted: Tue Feb 17, 2009 11:20 am Post Subject:

I have not yet recieved the police report, but the police told us that she was a fault and recieved a citation.


Please let me know once this report arrives. Many times it tends to be a bit different than thought of initially.

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