Okay guys I need some advice, the other night driving to the Beach with my girlfriend, we were on a road called 44...

Okay guys I need some advice, the other night driving to the Beach with my girlfriend, we were on a road called 44, which is two lanes going towards the beach and two on the other side coming back from it with a 25 foot median in the middle, for some reason a dumb ass mother fucker was on the oncoming side of the road in my lane coming straight at me, I barely dodged him and we would have hit straight on at about 70 mph if I didn't, can I sue him for almost killing us? The damage to my car isn't bad but they're most likely going to total it

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do it faggot. this idiot almost killed you

A fender and a mirror is not a totaled vehicle

You have to have damages to sue in any situation. "Almost" isn't going to cut the mustard. You could go after him for emotional distress or something but the juice would not be worth the squeeze.

Americans trying to sue everybody

How you didn't even see the faggot on the same road as you?

Does driving auto make you all retarded and slower?

> driving to the Beach with my girlfriend

Who cares? Why is this piece of information here?

Jesus christ, fuck off. Hope you get totaled next time

...

>Americans trying to sue everybody
You have no idea what you are talking about. Canada (especially BC) and Russia are just two examples of countries that are incredibly litigious when compared with even the most cry-baby states in the US.

did you both stop and exchange contact information? did the police get involved? did you both sent the proper shit to your insurance company?

if he ran and you can prove he did it or you're in any other situation in which you won't get compensated for the damages you could sue him, otherwise just take the insurance payout

or you could make up some bullshit story like you got so scared your dick stopped working and now you can no longer have sex with your hand. but thats kindof an asshole move

kek

Do you even know what totaled is? It's not about use, it's about value vs fix cost.

First off, I drive a manual , second off I was explaining that she was with me because he almost killed us both

...

Autism

Are you the guy that hit him?

Yes, my car is a 03 350z, it was rebuilt before and now there's damage to the rear passenger fender back bumper , mirror and other minor shit, the blue book value for my car in the condition it was was around 3k

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Damn, that's awful. Just uh... Don't report it? Rob a bank?
Also do you even know who the guy was? If you went after him, could you find him?

Also my back is hurting which I went to the hospital for the morning after the crash, they prescribed me medicine for it and shit, does that help in the case of the lawsuit?

Yes it does. My dad got a lot of money for a back injury from a crash a few years back.

We exchanged info and cops came and there's a report and everything, all I'm wondering is if I should sue him considering he was on the complete wrong side of the road going 70 mph straight at me

Lawyers in your area should have some type of free initial consultation.

Insurance agent here.
>do you pay car insurance?
>well you're in luck , sue or file a claim with your insurance.

Most likely you'll have to pay a premium and your rates will go up but that's why you pay insurance.if the damages cost less than 1000 just fix it yourself. Faggot.

It is a soft tissue injury. The way you described the accident there is really no mechanism for injury so the other driver's carrier is going to recognize it as bullshit especially if you show up on ISO with other claims (e.g. workers comp, PIP/MPC). You might make a few grand out of it if you find a crooked DC or PT provider that will treat you like 40-60 times; it is another situation where you have to work out for yourself what your time is worth to you.

I think I'd rather sue and get some money for a new car bud

Yes

Of course you shoukd. You NEED to. People sue over rear endings. Fuck him up man. Revenge.

We smacked the sides of our cars and I spun out into a ditch almost, I have a slipped dosc from previous injury , and I'm pretty sure it's upset again from the accident

I didn't realize that you spun out. Find a personal injury attorney in your area. Protip: not one who advertises on daytime TV or on the sides of buses. What state are you in? Do you have PIP or MedPay on your auto policy?

The plaintiff has a preexisting condition, your honor.
We move for an immediate dismissal of this case.

I'm only 20, I've never been into a car accident before the other night, I don't really know much on legal matters that's why I came here for advice, all I know is if I didn't swerve when I did we probably would have all died considering it woulda been a 70mph head on collision, I really fucking think you should be able to sue for that shit considering I'm injured too

If it drives, it's not totaled.

>sue
>get new car
>premiums still increase

My moms boyfriend is getting me an attorney, he's rich as fuck, but I live in Florida

Not so much. Lots of people have pre-existing conditions, especially in their neck/back. If he wasn't in active treatment when the mva happened then the fact that he has a pre-existing condition means fuck all.

Not true. It is totaled if the cost of repair is more than the value of the vehicle.

Good Florida is a PIP state. You're doing everything right so far. Out of curiosity who insures the other driver?

ha look this fag is mad

We both have gieco

This is not true. Google "rolling total". There are a lot of people posting in this thread who don't know what they are talking about. Why are you posting here? I don't know shit about football but I'm not in a thread on Sup Forums talking out of my ass.

Exactly, which in my case is probably what's going to happen, I traded my BMW for this 350, bought the BMW for 6k, not trying to end up with like 2.5k and me stuck with a shit car

Nice. Having the same carrier will make things smoother. GEICO isn't bad at all. I'm glad he wasn't insured with Allstate or one of the high-risk carriers like Starr or Horace Mann.

Good point.
See you in the courtroom, counsel.

By the way, what should I be suing for in the first place, my back injury, emotional distress?

You will work that out with your attorney.

Thank you, appreciate the help

Your attorney will work that out. I would expect that he/she will work the emotional distress in; it does raise the value of the claim. A round of DC or PT treatment will also raise the value of the meds and ultimately the claim.

Just trying to get the most money out of this as possible without making shit up

OP was on the wrong side.
OP ran from the scene
OP lied to his dad

My dads dead... now I'm going to kms, thanks faggot :,,,(

Very good, detective. And what led you to draw these conclusions, based on the op's statement?

There is nothing wrong with that. I'm sure that was scary as hell. You are doing everything right so far. The major things that would make this a shit-show would be no police report, no insurance on either side, or the other driver being insured by a terrible company and it looks like none of that will be a problem.

Fag doesn't know what totaled is kek

Have his insurance policy number and everything, I'm hoping I'll be good, my grandfather was hit when I was 10 ish by a drunk ass women and he sued, got about 15k, what are the odds of me getting something around that number ?

Nice bait fag

15k in general damages (the money you get to keep that is not for medical bills or car repairs) is pretty high but it is not over the top. Your attorney will probably go in asking for $100k total. A good scenario would be if the other driver has $50k limits. It is easy to tell an attorney to fuck off if your customer has $1 million limits because there is no worry about a verdict over the policy limits. At $50k the other driver's carrier has more of an incentive to settle the claim and not expose their customer to a judgement over their policy limits.

Can you dumb that down a little for me, I hardly understand that

Florida auto claims adjuster here. AMA.

Anyone can sue anyone, but unless you have permanent injuries you aren't entitled to anything other than the portion of your medical bills not covered by your policy. Any attorney will tell you this and they always try to avoid a suit and just settle with the insurance company. Keep I'm mind an attorney will take 40% of your settlement.

They will pay you a fair price for your car but if it is a rebuilt total loss it will be greatly reduced in value.

Having Geico on both sides won't necessarily make it easier. It's ultimately all their money.

Sorry. 15k in general damages is possible but from what you have told me it would be on the very high end.

FL claims adjuster again. Not a chance in the world you get that in your pocket. Even if you do a bunch of treatment that you probably don't need you have to pay the bills and then fork over 40% to the attorney and this is all a year or so from now.

On top of that, minimum policy limits in FL are $10,000 which a LOT of people have in FL. Unless they have a high limit policy you won't get that much.

Your better off negotiating a quick settlement up front yourself. You can probably get 5 grand quickly by going to treat and the agreeing to sign a release.

How would I go about a settlement ?

I worked claims mostly in the Northwest before moving on the premium audit so that is what I was basing my advice on. The shit-tier limits in Florida is an excellent point. Are contingency cases 40% in Florida? I always thought it was 30 unless suit is filed and then it goes to 50.

HAHAHAHAHAHA

Go to the ER to get checked out, let them know you have a headache and they'll do some tests. Your insurance will pay 80% of the bill, tell the claims adjuster for the at fault guy's policy that you treated and want to negotiate a Bodily Injury settlement. They'll start low so you should start high around 8 grand or so. They'll negotiate you down to maybe 5 grand if you agree to sign a release. You'll get the money right away vs. waiting a year for an attorney to get you probably the same amount after his fee.

It takes a stupid amount of time to sue someone. At the very least it will be a couple months before you get anything out of it. And most likely your lawyer fees will be more then what you will get from suing.

Higher limit policies go from 30-33% but most of the $10K limit claims do 40% so it's worth their time.

Don't you have to go to the hospital within 24 hours of the accident, I went the morning after for back pain and the perscribed me some medicine and sent me off, it's getting worse though

Interesting. How long have you been in claims? Do you still like it?

were the cops called?
police report?

If no, then you're wasting your fucking time.

If they stopped, admitted to it, your battle is with THEIR insurance company

There's police reports, they stopped , the admitted to it, we sat there for 2 hours with the cops

Over 15 years now. Love it. Work for one of the good companies.

Then you are good, you have 14 days to treat. If you are seriously injured then get the treatment you need. If you are just sore and it wears off, then I would negotiate a quick cash out settlement. That's what I would do.

Nice. I did it for ten years. I do premium audit now.

So In the end I'm going to get 5k out of this tops. Awesome, time to kill myself

you'll get money for "pain, suffering, waste of time" but it won't be much.

remember, theyre going to try and offer you an amount so you accept it. they are responsible for that driver that hit you, so don't say yes to their first offer. try to get as much as possible, don't feel greezy or like scum, thats what insurance is for, and they make millions of people, so you getting a kick back is deserved.

good luck