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Would you sue the person who hit you when you were in a no fault accident?

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wangmo

Junior Member
I know this might sound bad, but if you were me, would you sue the person who hit you when you were in a no fault accident?
I was very mad as she hit our car as she was turning too fast as I was driving slow on a straight road.
my doctor said the xray shows no sign of fracture of my bones, but I still have minor chest pain.
this car accident has been stressing me and we spent many hours on the phone with the insurance and going to
the car factory to get our car fixed. My husband also had to take off from work.

BUT, this lady did admit that she was wrong and her insurance company is paying for my car damage,
but you know if you fix a car that went through a hit like that, you never know what other problems
might occur in the future, kind of like my injury. This was our brand new car that we just bought a few months ago...

but since she was so honest about her fault
and her insurance is covering for the car damage even rented a temporary car for me to drive,
what would u do? I hope u understand where I'm coming from, I'm not trying to gain some $$ out of this accident, her reckless driving, even though I’m going to get back what I’ve lost, but the damage has been made and there are a certain level of emotional damage here. She needs to learn not to drive that fast and it affects other people’s lives. I spoke to a lawyer and he said unless mymedical bills goes up to $3000 which will be covered by the insurance company, then I have no case to sue her for emotional damage..and the time we put through the ordeal..

Additional Details
when I said I'm not trying to get $$ of this case, what I meant was the goal is not for the $$, but to let the lady know please not drive that fast when turning again and it was snowing that day. My air bag went off on my face and I thought was in heaven for a moment, the impact went on my chest and back, the front of the car is all smashed. my kid son and very old aged dad was in the back, what if something bad happened to them??? these fast drivers should learn their lessons and I still have to carry my chest pain and move on!!

Additional Details: it was snowing that day, so ALL the cars were driving slow on the same street, this lady was driving fast when turning to me. it was NOT illegal on my end to drive slow due to the weather condition, the streets were full of snow, the city didn't get the chance to plow it. there were more than one accident occured on the same street, so the ER got to me fast and I was also so worried about my son and old aged dad as they were very cold when my car stalled, I had to rush them to the nearby store to keep warm. we spent 30K on this new car this year, it's a 2010 year car! Even though xrays shows no signs of injury, when I lay down to sleep, my chest hurts and don't know when it will heal. This was indeed all caused by a fast driver who was not caution enough during a snowy wheather.
 
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ecmst12

Senior Member
You neglected to post YOUR STATE. This is ESSENTIAL INFORMATION.

BTW, the lady already knows she screwed up.
 

wangmo

Junior Member
I understand you talking about justice and the lady knows she's wrong. but no matter what, the only thing the insurance will cover is to repair my car and pay up to $3000 of my medical bills, what about the stress, shock and time our family had to put through this whole thing? where's the justice to compensate that? in some ways, yes, money does make up the emotional distress and lost of time and it reminds fast drivers to stop driving so fast, watch out next time please!!
 

ecmst12

Senior Member
Serious Injury Threshold – death, dismemberment, permanent disability or permanent impairment based on objective findings, permanent disfigurement or medical expenses in excess of $3000.
If you don't meet any of those criteria, you can't sue for pain and suffering, period.

Stress and time are not compensable. Getting into accidents is no fun, but your car is being repaired and I'm sure the person who hit you already feels very sorry about it.

It sounds like your ribs are bruised and that will take some time to heal, but there's not much to be done about it. If you don't feel better soon, by all means go back to the doctor and get re-xrayed. Sometimes inflammation prevents a fracture from showing up immediately after a trauma. Of course, there's not much to be done for fractured ribs either, other then stronger pain medicine, but at least you'd know. You could also benefit from physical therapy or chiropractic treatment if you don't seem to be healing on your own. Your PIP will pay for this.
 

wangmo

Junior Member
thanks for your reply. here's the thing, if say my medical bills does exceed $3000, BUT

1. xray or other exams show no injury as to why I have
some chest pain and back pain.

2. the person who hit us admits she was
wrong and is taking care of the repairs of the car--HONESTY.

given the fact that my medical bills does go more than $3000, I assume the court will still be in the favor of her side due to the above 2 items I listed, am I correct? thank you.
 

ecmst12

Senior Member
Very, very unlikely. If you can't provide medical reports showing an actual injury, and treatment which is APPROPRIATE for the injury (not just to rack up bills) then you don't have any kind of case. Really, you should just be glad that your car is being fixed and you're not seriously injured.
 

wangmo

Junior Member
value of the car has deteriorated

I just thought of an issue of the value of the car has deteriorated after this accident, the resale price will be half of if the car weren't in the car accident per the car dealership,is this still something I need to just move on with?
 

wangmo

Junior Member
What year/make/model of car and what is the dollar amount of the repair costs?
thanks for the reply. we have a brand new, 2010 subaru forester, paid off. repair cost close to $5000. it's a very young car with many years to come which we might potentially sell down the road. I called the car dealer, with this cost of damage, the resale value would be half of the resale of a car that did not get into a car accident.
 

ecmst12

Senior Member
Get something in writing from the dealer regarding the diminished value and submit it to the insurance company and hope for the best. You probably won't get the full amount claimed by the dealer, but you might get something. Never hurts to ask.

Depending how long you wait to sell the car, half the value could be exaggerated. If you were to sell it NOW perhaps, but you're not planning on selling it now.
 

wangmo

Junior Member
thanks for your input. do u think the dealership would be willing to do this as there's no benefit to them from writing this up? the only thing the sales rep I spoke to said they can do is a appraisal as if I were to sell the car to them, that's about it.

how do others deal with this kind of case?
 

wangmo

Junior Member
ok, thanks for the info, would know what kind of agency provides a appraisal for this type of case? do I just look for appraisal person over the yellow pages? many thanks.
 

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