Collision with Company Semi Truck

What is the name of your state (Kentucky)?

Forwarding post from other forum because I never received a response...


I was involved in an accident this Friday (the 7th). Should be an open and shut case as to the fault- witness’ statement was definitive and the accident report placed the other driver at fault. I was hit by a company semi truck. Surprisingly, my vehicle is not totaled. It has about $4,000 (an $8,000 vehicle) and I am renting a vehicle in the meantime. Evidently, maximum loss of use in Kentucky is $200 per week, so I’ll end up a little short on that end. The company has offered me lost wages for the day of the accident, rental vehicle expenses, and repair damages.
However, with the other driver being at fault, I can only imagine it would be in my best interest to litigate the matter. I had a full physical examination a week ago, and at 20, I am healthy as a horse. I was diagnosed with a concussion at the scene and costochondritis (inflammation of the cartilage that bonds the ribs to the sternum) so chest pain and difficulty breathing as well as pleurisy (inflammation of the lungs) so same thing. Medical bills will be minimal although I have not received them yet. I have been put on anti-inflammatants and oxy as well as instructed to take one week off of work. Kentucky’s minimum coverage is 25/50/10. And the driver resides in Virginia.
I know they would hate to send representatives out here from Virginia for a lost cause. If and when we settle, how much could I expect to receive for pain and suffering? Ball park estimate. I am aware that no one can give a definitive answer with such minimal information regarding the matter. However, reflecting on past experiences, if you had to guess, what dollar range could I hope to expect? This will be greatly appreciated when considering whether or not to get a loan for a second vehicle and who to consult to represent me.
Any and all comments would be greatly appreciated!

It sounds as if they are being fairly business-like in addressing your damages. Have you notified your insurer of the accident. Will he provide a lawyer? Does he have any advice?


Good luck

My repairs will be compensated for, there is no doubt about that. However, the matter at hand currently is the physical damage. I have been advised to sit out from both of my jobs for the entirety of this week. I do not have collision so my insurance, quite frankly, couldn't care less as long as they're not at fault. I have had minimal contact with them simply because I literally cannot talk due to the pleurisy.
I am assuming I should not have any trouble recovering the property damage, loss of use, absent wages, etc. However, I have done some extensive research and come to the conclusion that I am entitled to sue for physical damages as well (in most cases it is settled prior to reaching a court room).

Would it be worth my time and resources to litigate the matter and request compensation for my current condition? I have seen people walk away with obscene amounts for pain and suffering for very minor injuries. Any idea at all what i would be entitled to?

Very few cases actually go to court anymore. It just costs too much to justify it in all but the largest cases. But if your injuried are even a little serious, you should talk to a lawyer. ESPECIALLY since you're dealing with a commercial insurance company since those are notoriously difficult to deal with.