Sueing over accident-is it wrong?

MSAD

You can't sue his insurance company. His insurance company did not cause your injury.

You sue the at fault party -- your boyfriend. So, the law suit would read....Your name vs. Your Boyfriends Name.

The insurance company would not be listed/mentioned anywhere in the law suit.

However, you can present a claim for your injuries under his liabiltiy coverage. Since I don't know where you are (and the laws of your state) - I can't tell you anything about how the claim may be handled.

However I can give you some very general information.

Just call the adjuster that is handling the claim. They will get some information from you to update their file. The adjuster will have you sign a medical authorization that allows the medical providers to send the insurance company copies of your medical bills/reports. You would settle with the insurance company once you are done treating and have been released from the dr.

The adjuster can walk you through the process.

Also, stop listening to "everybody" -- when it comes to insurance claims -- talk to your agent -- talk to your adjuster. Talk to people that actually know the process/law in your state. "Everybody" means well.....but usually the advice that "everybody" gives is wrong.

** not legal advice-- only an attorney can give legal advice **

Luna & Lawnboy

So you are in it for the money. That is wrong. You would not be suing his insurance company, you would be suing him. The insurance company is not legally liable for your injuries, he is.

Anyway, you do not have to sue to be compensated for your injuries if in fact you are entitled to any monetary compensation. Call and file a claim.

The threshold requirements vary from state to state. Some are verbal, some are monetary and others you have to sustain a "serious" injury. The definition of "serious" also varies.

Find out if he carries PIP coverage and/or Medical Payment coverage. Your medicals expenses would be covered under one of these coverages.

Since you struck your head on the windshield, I assume that you were not wearing a seat belt. If in fact you live in a state where the "seat belt defense" applies, any potential settlement would be reduced by your own comparative negligence.

Edit - Lover has no clue what he is talking about. Ever since his wife has been injured, he shows up on YA and starts answering personal injury questions with answers that are usually incorrect. You probably want to at least take advice from claims people.

fighting saints

1. Do not listen to Lover not a Fighter. You have much more than 30 days to file a lawsuit. Depending on the state the accident happened in you will have 1 to 6 years from the date of the accident to file a lawsuit if you NEED to.

2. Go with what MSAD said. You're getting advice from a claim adjuster who is giving you good advice based on knowledge and experience, not based on what some friend said.

Good Luck with the injuries, heal fast.

Chad D

I honestly don't think you should get anything if you were riding in a car with someone drunk while not wearing a seatbelt. You knew what you were getting into.

Scott H

You want to get rid of this guy? Sue him.

Larry E

The first thing they are going to ask is why did you go with him if he was drunk. You can try but remember insurance companies didn't get big by being stupid.

bobby d

suing on what grounds? lost wages ... pain and suffering? I guess you could ... they'll probably want to settle out of court in exchange for you to sign an agreement that you won't sue them later (like in a year) if you find any other medical issues related to the accident

Iknowalittle

Yes.. Sue his insurance company ..and file it now while he still has the coverage.. it will be too late after they drop him.

Lover not a Fighter

Sue.

It is the way american insurance system work. He should understand as it is NOT him but the insurance you are suing (even if his name is on it). It is NOT personal.

But don't say that you will share (or anything like that). That amounts to insurance fraud.

If he doesn't understand, get a new BF. You should be compensated for your pain and suffering.

Besides, if he want to leave you - not much of a loss. You don't need a BF that drinks and drive (for your safety).
===
My wife was hit by a car. so I know how you feel.

Good Luck...

P.S. You only have something like 30 days. Don't wait too late.

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