Should I sue
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Should I sue
I was hit from behind by a driver that wasn’t
paying attention, he has no insurance and his
license was suspended. My insurance dont have
collusion coverage. What do I do
Asked on April 30, 2018 under Accident Law, Michigan
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
Your recourse is to sue the other driver for negligence.
If you were NOT injured in the accident, your damages (monetary compensation you are seeking in your lawsuit) would be the property damage (cost of repairs to your car). Depending on the amount of your property damage, you may be able to file your lawsuit for negligence in small claims court. Upon prevailing in the case, you can also recover court costs which would include the court filing fee and process server fee. You can enforce a court judgment in your favor with a wage garnishment.
If you were injured in the accident, do NOT sue in small claims court. Your lawsuit should be filed in a higher court depending on the amount of your personal injury claim.
If you were injured in the accident, don't file your lawsuit until you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated because your damages will include your total medical bills, pain and suffering (an amount in addition to your medical bills) and total wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering, which as mentioned above is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
Your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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