Can I sue the drunk driver who hit my car and left me with injuries? 18 Answers as of August 25, 2015

While I was driving to work a drunk driver rammed into my car. The police came to the scene, and first responders also came to help. I didn’t think I was badly hurt, so I refused medical attention. Now, I have back, shoulder and neck problems. Can I sue the person?

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The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Possibly. You might have a problem with the injury threshold. Basically, the injuries need to have seriously impaired your normal living. How have your injuries affected your normal living?
Answer Applies to: Michigan
Replied: 8/14/2015
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
Yes. If he had insurance, your attorney will contact the insurance company to ascertain the amount of coverage he had. If he didn't have insurance, he can be sued personally, it is just difficult to collect on the payments.
Answer Applies to: Illinois
Replied: 8/14/2015
Gates' Law, PLLC | Thomas E. Gates
You would first file a claim with his insurance company. You need to retain a personal injury attorney.
Answer Applies to: Washington
Replied: 8/14/2015
Boesen Law, LLC
Boesen Law, LLC | Jon C. Boesen
Yes, as long as you are within the statute of limitations (time limit) to do so. Contact an experienced personal injury lawyer and schedule a meeting ASAP for a free consultation.
Answer Applies to: Colorado
Replied: 8/13/2015
Ty Wilson Law | Ty Wilson
You should reach out to a Georgia Personal Injury lawyer, from the information you have provided you appear to have a claim. Good luck.
Answer Applies to: Georgia
Replied: 8/13/2015
    Law Offices of George H. Shers | George H. Shers
    Sure, he caused your injuries so you can sue him. ?Some times people do not feel the injury until the next day or so. ?You need to find out who his insurance carrier is and contact them for your property damage [including cost of rental car until your car was fixed] and personal injuries. ?Depending on how serious your injuries are, you might want to see some personal injury attorneys to see what they can do.
    Answer Applies to: California
    Replied: 8/13/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    Of course you can sue a negligent driver + the vehicle owner, but you need to prove fault, proximately caused injuries and that the injuries reach the MI "threshold" of a "serious impairment of a body function". You can possibly also initiate a "dram shop" action if the driver was served alcohol after being visibly intoxicated; however, these claims have very strict notice requirements and time limits, so having an in person legal consultation with a local lawyer that handles these type of cases is extremely important to sort out the facts and your possible claims.
    Answer Applies to: Michigan
    Replied: 8/13/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Potentially, but in Michigan you first claim is against your insurance. See an attorney.
    Answer Applies to: Michigan
    Replied: 8/13/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Yes if it happened within the last three years.
    Answer Applies to: Montana
    Replied: 8/12/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Yes, but you are going to have to prove your injuries, so you need to go to the Dr. if you haven't already. Good luck.
    Answer Applies to: Alabama
    Replied: 8/12/2015
    Law Offices of Carl L. Brown | Carl L. Brown
    It depends on a number of factors including when the incident occurred; how the accident happened; when you first sought medical treatment, and the nature and extent of your injuries and losses.
    Answer Applies to: California
    Replied: 8/12/2015
    Stephens Gourley & Bywater | David A. Stephens
    That would be a yes.
    Answer Applies to: Nevada
    Replied: 8/25/2015
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    Of course you can sue the responsible driver. Hopefully, they have insurance and/or you have coverage for an uninsured motorist. Get medical treatment and collect records and bills to support a demand for damages.
    Answer Applies to: Colorado
    Replied: 8/12/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    I don't see any reason why cannot sue the drunk driver. If you delayed in seeking medical help, however, then you will have a hard problem of proof, since you must show that your injuries were the direct, natural, proximate and foreseeable (or any combination of these) cause of your injuries. If only a few days have passed since the incident, get to a doctor a.s.a.p., get treated, cooperate with the doc's treatment suggestions, and see if he or she is willing to state to a reasonable degree of medical certainty that your injuries are the direct result of the incident. Find a good personal injury lawyer and see what he or she has to say. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 8/12/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    You can sue anyone you want. However, in order to win, you must prove that, drunk or not, it was the other guy's fault, that you got hurt, and that the accident caused your injuries.
    Answer Applies to: Michigan
    Replied: 8/12/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Yes, please see an injury lawyer. Statute of limitations is 2 years, but don't delay.
    Answer Applies to: California
    Replied: 8/12/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    It may be possible to make a claim. Did you ever receive medical treatment? Thank you for your email.
    Answer Applies to: Illinois
    Replied: 8/12/2015
    End, Hierseman & Crain, LLC | J. Michael End
    Yes, you can sue the driver and his automobile liability insurance company. If he does not have automobile liability insurance, you can make a claim against your own insurer under the uninsured motorist coverage.
    Answer Applies to: Wisconsin
    Replied: 8/12/2015
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