What are our rights regarding a accident involving a reckless driver?

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What are our rights regarding a accident involving a reckless driver?

Our SUV was hit by a reckless driver driving 100 mph. Their insurance adjuster is willing to pay only the visible cost of the property damage (approximately $1500) to me. My all 4 family members were in the SUV at the at time and my daugher (16 years old) has whiplash. We all witnessed that driver was trying to commit suicide. Are we able to request for compensation?

Asked on January 7, 2012 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can always request compensation; however, it is up to the insurer whether to pay--and how much--based on their assessment of the respective degrees of fault of their driver and you, as well as their assessment of the actual provable "value" of injuries, losses, property damage, costs, etc.

You do not have to take the insurer's determination at face value--remember: the insurer's goal is to pay out as little money as they can; they are not neutral in this regards, but have a definite agenda which is contrary to your interests.

If you feel that you deserve more compensation, you can sue the at fault driver; if you can prove in court that he was at fault and the degree of your damages, he--and/or his insurer--would pay.

You can sue for:

1) Property damage

2) Medical costs

3) Lost wages

4) Pain and suffering, for injuries which have significant and at least moderately long-lasting pain, disability, or disfigurement

From what you write, it would be worthwhile consulting with a personal injury attorney about bringing a claim. Good luck.


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