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Terrible accident, not his fault, can he sue? |
Brother was in a bad accident. Police report says he was going 30mph and other car 99mph in a residential area. The guy hit him, his car flipped, guy fled the scene. Brother was in NICU for two days and is now a step down. He had to have immediate surgery on his neck and is still in the hospital 5 days later. Other driver had no insurance and is 17. Brother has no health insurance and could have a large bill afterwards. Do we have grounds to sue-for pain and suffering, leaving the scene, hospital bills, lost wages? Brother was to start a nice new paying job and could not because he is hospitalized. Yes, definitely sue. Even though the car is not insured and he's too young to have any money, you can still collect quite a bit. I've heard of people collecting money from the parent's insurance company (he's a minor, and is likely covered by his parents' home owner's insurance.) You can also collect from future earnings-- essentially, when he does begin working, his paycheck can be garnished and given to your brother. You should sue, but fyi, you can't "sue" for leaving the scene. That is a criminal charge that hopefully the police wrote him a ticket for. And it would be felony too because of the injuries. You can start with help from your own insurance company for bills, then get a personal injury lawyer and sue the pants off the kid and his insurance. Be advised though you will be limited to whatever his policy is for (like if it's $25000 that's ALL you can get from him). If he had car insurance the insurance company will pay the medical bills. If he goes over what the Policy allows on his insurance he should Definitely sue for damages. Yes, he can sue the other driver. If the other driver did not have insurance, there is not much point in filing suit. Some state have an "assigned claims plan" where the state takes over any valid claim. If your brother has car insurance,they should pay the madical bills.Ask his insurance company to see if they cover " uninsured motorists. " I'm sorry to hear that your brother is injured and I hope that he recovers fully. You have a case to sue for all of that. Since the other guy had no insurance and might go to jail for fleeing the scene, then I don't know how much you are likely to get. But you should sue to establish your case. That way if and when there is money to collect you will already have it established that you are to receive it. Well, you can sue, but a 17 year-old with no insurance has no money, so you aren't going to collect much. What you can do is sue, you might not get much but if it boils down to it you can get his stuff to do w/e you want wit hit {selling or whatnot to make pay for the hospital wages and bills} Oh absolutely you can sue for pain and suffering, medical expenses, emotional distress,leaving the scene and lost wages. You've pretty much got the money in the bag. You can certainly sue, but what does this guy have to go after? The only thing I can think of is that since he's a minor was he living with his parents? If so, you might be able to go after them. Check with a lawyer. You can sue.. But if the guy has no insurance, you might be out of luck actually collecting. Unless his parents still claim his as a dependant, since he is not yet 18, you can sue them. Call a lawyer ASAP. You absolutely can, and should, sue. Of course, but if that other guy doesn't have insurance the only thing you are going to get is the satisfaction that he can't have his license again until he pays you in full. You must sue the parents of a 17 year old. If he was driving without insurance, his parent's insurance will end up paying for much of it. The matter of any lawsuit should go through your brother's insurance first. If the driver is underage, you can sue his parents, or the actual owner of the car if the 17 year old was not the owner. You can but because this kid is so young you probably won't get anything. You cant get blood from a rock. Your brother should go to his own insurance company, they might pay some. of course you can.....but there are limits to what the kid can/will pay you OMG!!I would sue!Tell him to go right ahead!SUE SUE SUE SUE!!!!!!!!! yes u can sue You can sue the other driver and get a huge judgement against him, equal to hospital bills, pain and suffering and lost wages. The bad news is, if he has no insurance, and he's 17 years old, you'll never see a dime from him. The only thing you'll end up doing is ruining his credit rating because he'll always have an unpaid judgment on his credit report, but that won't help your brother at all. |
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