Can I sue another driver for personal injuries if he rear ended me? Posted on July 30, 2011

I was rear ended on July 18th. I stopped for a pedestrian and the other driver found a witness (most likely the other person he was riding with) to say I stopped short for no reason and there was prior damage. Both claims are false and I just heard from his insurance company who said due to the witness my damage will only be covered 75%. The truth is that I slowed gradually to a stop for a pedestal at a crosswalk by a pedestrian crossing sign, and the driver behind me wasn't looking and rammed into me. He cursed and yelled at me, said, "you better not pretend you're injured" and such. He left before the police arrived. It's now 10 days later and my neck is still stiff. I thought it would go away quickly, but I'm going to see a chiropractor. Should I reject the 75% offer and sue the driver in small claims court? Do I sue for emotional distress, minor injury, inconvenience, etc.? The car is a 1990 Ford and may be a total loss. Thanks for your time.

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