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10-28-2009, 02:40 AM
| | Junior Member | | Join Date: Oct 2009
Posts: 3
| | | Please help? I'm really clueless on who to sue..?
About 3 months ago, I got into a pretty big car accident and my car was totalled. I was on the right lane when a truck smashed into me because he was trying to avoid a car that short-cutted him. I filed a claim on both insurance companies (the truck and the sedan) and both refused to pay. The sedan basically said there's no way their car caused the accident, and the truck said that they were not at fault because if the sedan didn't cut into their lane, the truck would not have hit me. I re-filed another claim with the truck and they said they were going to re-investigate the accident. A week later in, the SEDAN offered me a check of $1,000 to not sue for damages or personal injuries (which I took since i figured they weren't going to pay out). The truck later denied me again and said that they were not going to pay. I spoke to a few lawyers after this incident and they refused to take the case because they figured that the payout wasn't worth it for them. They advised me to go represent myself and sue over a small-claims court.
here's a few questions:
am I supposed to be suing the truck driver? or their insurance company? or the trucking company?
i'm from NYC and the trucker that hit me is from Florida, can I sue him in NYC? (the accident happened in NYC)
Thanks in advance! |
10-28-2009, 11:10 AM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,866
| | | You should not have taken the check until you knew where ALL of the money you were owed was coming from. The truck is probably not responsible, but what you should be doing is suing BOTH parties and letting the judge decide. Did you sign a release before you accepted that check? If you did, you really screwed yourself.
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Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.
-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
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10-28-2009, 04:18 PM
| | Junior Member | | Join Date: Oct 2009
Posts: 3
| | | I agree, unfortunately when you sign a release and take money - you are releasing that party of all obligation beyond that amount you settled for. Try going after the truck company because that is your only option. |
10-28-2009, 06:14 PM
| | Junior Member | | Join Date: Oct 2009
Posts: 3
| | | Thanks for the replies.
yeah, i did sign a contract which stated that i woild not be able to sue for personal or property damage. when i read the contract, i asked about the "suing for property damage" and the adjuster told me that it does not mean the car, but whatever property that was on me(glasses, watch, etc ) at the time of the accident. It was my first time dealing with something like this..and i guess my lack of experience screwed me this time.
i honestly didnt think both parties would deny me of the claim, since they were FULLY 100% in the wrong for cutting into my lane and totaling my car.
So I should go after the trucking company rather than the truck driver himself? Thanks again! |
10-28-2009, 06:31 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,866
| | | You need to sue them both, but it's likely you will lose.
__________________
Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.
-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
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10-28-2009, 06:33 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,746
| | Quote:
Originally Posted by retroflashbacks  Thanks for the replies.
yeah, i did sign a contract which stated that i woild not be able to sue for personal or property damage. when i read the contract, i asked about the "suing for property damage" and the adjuster told me that it does not mean the car, but whatever property that was on me(glasses, watch, etc ) at the time of the accident. It was my first time dealing with something like this..and i guess my lack of experience screwed me this time.
i honestly didnt think both parties would deny me of the claim, since they were FULLY 100% in the wrong for cutting into my lane and totaling my car.
So I should go after the trucking company rather than the truck driver himself? Thanks again! | A car *is* personal property.
Since the car WAS most likely at fault, I think you really screwed yourself by accepting the $1,000. Sorry.
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10-28-2009, 07:27 PM
| | Junior Member | | Join Date: Oct 2009
Posts: 3
| | | Just a question..as i'm really clueless about the law..
but how will i likely lose the case..?
on the police report, it stated that i was on my own lane and that the truck cut into me and hit me. does that stand for anything?
yeah, signing that contract was mighty stupid..but like i said, i had no idea what i was getting myself into as it was my first time experiencing something like this.
sigh*
this really sucks..and thanks for all the input so far! |
10-28-2009, 08:10 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,866
| | | Because the car is at fault for cutting off the truck and THAT is what caused him to hit you - not his own negligence.
__________________
Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.
-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
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