What should I do?

[KELL]

What is the name of your state? New York


I was involved in an auto accident. The driver of the other car was driving with a learners permit no licensed driver in the car, no insurance on the car and a suspended registration. I had a stop sign, which I obeyed. I started to cross the intersection and crossed the lane that he was driving in and he hit the rear drivers side of my car.He was speeding and swirved into my truck. He sent me into a telephone pole. I was removed from the scene as well as my mother by ambulance. He later had people come to the scene that told him to go to the hospital as well because we did.This of course was also after he got out of his car was walking around and calling people on his cell phone,he came to me as well to ask if I was ok. I am waiting to find out if the truck that I lease is totalled. I wanted to know if I have any recourse for this. I know if they total my truck (which was only a little over a month old) is totalled, I lose my down payment on it, which was $ 5,000.00. I know technically I can be found at fault for this because I had a stop sign. However my insurance company is stating that where I was hit on the truck, shows I had cleared the lane he was in and his inexperience as a driver and speed was the cause of the accident. The accident report also states that he was driving with a leaners permit and one of the codes on the report says the officer feels his inexperience of driving was a factor. I suffered, neck, shoulder,back and arm injuries. I banged my head on the side window and was left with a large lump. I scuffed and brusied my right arm, possibly from the airbag. And I have bruises on my left hand also from the airbag I believe. Mom was left with neck and shoulder pain.

[BelizeBreeze]

Originally Posted by KELL

What is the name of your state? New York


I was involved in an auto accident. The driver of the other car was driving with a learners permit no licensed driver in the car, no insurance on the car and a suspended registration. I had a stop sign, which I obeyed. I started to cross the intersection and crossed the lane that he was driving in and he hit the rear drivers side of my car.He was speeding and swirved into my truck. He sent me into a telephone pole. I was removed from the scene as well as my mother by ambulance. He later had people come to the scene that told him to go to the hospital as well because we did.This of course was also after he got out of his car was walking around and calling people on his cell phone,he came to me as well to ask if I was ok. I am waiting to find out if the truck that I lease is totalled. I wanted to know if I have any recourse for this. I know if they total my truck (which was only a little over a month old) is totalled, I lose my down payment on it, which was $ 5,000.00. I know technically I can be found at fault for this because I had a stop sign. However my insurance company is stating that where I was hit on the truck, shows I had cleared the lane he was in and his inexperience as a driver and speed was the cause of the accident. The accident report also states that he was driving with a leaners permit and one of the codes on the report says the officer feels his inexperience of driving was a factor. I suffered, neck, shoulder,back and arm injuries. I banged my head on the side window and was left with a large lump. I scuffed and brusied my right arm, possibly from the airbag. And I have bruises on my left hand also from the airbag I believe. Mom was left with neck and shoulder pain.

Your insurance company should be suing the little bugger and if you don't recover all of your expenses, you can sue him also and his parents. Speak with a personal injury attorney as soon as you can.

[KELL]

Thanks for the response ..... that little bugger was 30 years old!! He probably still lives with mommy and daddy. The car was registered to someone in a different area of NY as well. But even though I had the stop sign,(which I have stopped at for the last 18 years about 2-3 times a day) can that blow the whole thing up for me? First he claimed that I blew the stop sign, which I didnt. Then he said I stopped at it then started to go and stopped 2 times. Which if i did that he should have SEEN ME and STOPPED or slowed down, right? As I stopped at the stop sign he was about 2-3 blocks away from me, as I started driving through the road he was just there, he was flying down the road and I couldnt avoid not getting hit by him

[BelizeBreeze]

you will assume some responsibility but that is up to the accident investigation report and the courts.

[msiron]

At his age he probably lost his DL before, revoked, and he is now going through the process again to get a license...

[teflon_jones]

What exactly are your legal questions? You stated a lot of information in your post but only asked a general question about what your recourse is. You need to be more specific.

[KELL]

Originally Posted by teflon_jones

What exactly are your legal questions? You stated a lot of information in your post but only asked a general question about what your recourse is. You need to be more specific.

I guess I just want to know if I can sue him, if so for what? Since there was no insurance on the car he was driving so I go after him (the driver) or the owner of the car? If my car is totaled, then I lose the $5K down payment on my lease, the car was only 1 month old. Would I take him to small claims court? I am not going after him for pain and suffering because I am just grateful to be alive. Sounds crazy I guess to some, but if you saw my car youd know why Im so grateful. What would anyone im my shoes do?

[seniorjudge]

Originally Posted by KELL

I guess I just want to know if I can sue him, if so for what? Since there was no insurance on the car he was driving so I go after him (the driver) or the owner of the car? If my car is totaled, then I lose the $5K down payment on my lease, the car was only 1 month old. Would I take him to small claims court? I am not going after him for pain and suffering because I am just grateful to be alive. Sounds crazy I guess to some, but if you saw my car youd know why Im so grateful. What would anyone im my shoes do?

Q: I guess I just want to know if I can sue him, if so for what?

A: Money. Add up all your actual and direct damages and then double or triple it. Then sue him. Ask for the farm and settle for a goat.

[smorr]

That's funny, my Dad had the same kind of accident (Massachusetts resident) and he was at fault because he was entering a main road. But, you seem to have the insurance company on your side (and you're in NY - laws/rules are different). Once the insurance company has paid your damages, if they do not cover enough of your medical expenses and those of your mother, and you feel you'll have residual problems in the long term, you can and probably should sue. If you decide to sue you should sue both the driver and the owner of the car. You and your mother will be the plaintiffs (or the ones suing), the driver and the owner will be the defendants (the ones being sued). I'm not sure if what 'senior judge' said about doubling/tripling is a good idea right now, but I'd consider speaking to a personal injury attorney on it and see what your options are. If you lose the deposit on the truck (if it's deemed a total loss) you'd want to include that in your law suit, as well as lost wages, medical expenses and future earning capacity. This should be added up and estimated before you see an attorney - it will help speed the process of filing the suit. If you think your damages are over $25,000 (and I'm not sure what the laws are in NY) you may be filing in Superior Court (not a district court which usually handles smaller claims under that amount). No one can predict what the outcome will be if you decide to sue. I assume you wanted to know if there's a sure way to win...well, there isn't. It depends on the case, how credible you and the case itself is, how well your attorney handles the case and who the judge is.