Can I sue for being a passenger of a vehicle in an auto collision? 6 Answers as of August 03, 2015

2 nights ago I was in a car involved in an auto collision. As our car was driving southbound down the road, a white SUV driven by an elderly man of 76 whom according to the paramedics said he was on medications he took right before he drove, drove into the intersection in a flaccid attempt to turn left and cross through three lanes in order to make it where he needed. There was another driver behind us in the right lane who stopped and gave his statement as well advising the officers of the white SUV creeping through the street at speeds under 20 mph while we were going at the speed limit between 40-45 mph. Well their vehicle was damaged to the front left wheel area and I don't believe any of his airbags went off. ALL of our air bags went off and my friends car was totaled, I suffered major whiplash and some blisters and burns and bruises. I was taken by the paramedics to the hospital due to uncontrollable neck pain and weakness in my legs. They had to run multiple tests and screenings including an MRI & CAT scan. I have never been anywhere near being involved in an auto collision and have no idea where to begin with. My friend who was in the passengers seat has already contacted her insurance and has not informed me of anything, is there anything on my end I need to do? I was allowed to leave the trauma center within 5 hours with a soft neck brace told to use by the doctor for about a week until it becomes untended and naturally heals the bruising. I am afraid that due to the immense pain I have been having and soreness if this could escalate to a future health risk? Can I sue the other driver (or rather his insurance company)? I will be having to take time off work and had many of my belongings which were inside my friends car completely ruined by the car accident itself. Is there any compensation I can receive?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Yes, you should have a free conference with an experienced injury lawyer ASAP. You can get a referral from your local bar assn.
Answer Applies to: California
Replied: 8/3/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
You are in good legal/insurance shape. You need to retain a personal injury lawyer; try to find one who will charge a lesser percentage of your gross recovery if settlement is reached without arbitration/litigation. Through your attorney you will make claim against the insurance carriers for you, your driver, your driver's vehicle's ownership (if different), and the driver and vehicle's ownership (if different) associated with the offending motorist. Don't fret those details, just get yourself a lawyer, write down all details of the collision, your injuries, and your daily endurance/progress in recovery, and focus on recovery.
Answer Applies to: California
Replied: 7/31/2015
Pius Joseph A Professional Law Corp. | Pius Joseph
Yes you can proceed with a claim against the negligent party. If the other party does not have sufficient insurance you can also file an underinsured claim against your own drivers policy. To obtain a favorable outcome I seriously suggest that you hire a personal injury lawyer. Good Luck.
Answer Applies to: California
Replied: 7/31/2015
Law Offices of George H. Shers | George H. Shers
Sure you can sue. First find out from the driver/owner of your car if they have coverage that pays for passenger medical bills. Ask for the contact information of the driver's insurance; they will not pay you anything until a final settlement of the case. Try to find out what the driver's policy limits are. Get a copy from the police [normally need to wait 2 weeks for it to be ready] of the report made at the accident scene. Then go see several local plaintiff's personal injury attorneys to see what they say they can do [it is a very typical soft tissue case, just the amount of damages are higher]. They will not charge you anything but you pay a percentage of the recovery. Some attorneys will pay all the costs involved, and the deduct it from the settlement to be reimbursed. Southern California attorney charge the percentage on the total settlement, Northern California on the net settlement amount, so they are less cheaper.
Answer Applies to: California
Replied: 7/31/2015
Law Offices of Stanley S. Lopata
Law Offices of Stanley S. Lopata | Stan Lopata
The first thing for you to do is to get good medical care.? TAKE CARE OF YOURSELF!? As a passenger in an auto you have many rights against the driver of the auto that caused the accident. His insurance company will pay for your medical expenses, your loss of income due to the fact that your injuries prevented you from working and for your PAIN AND SUFFERING. Pain and suffering is to compensate you for your inconveniences, your soreness, your aches and pains, etc. If the insurance policy purchased by the other driver is not sufficient, your own UNINSURED/UNDER-INSURED insurance can also pay you. The amount of money that you can receive from the insurance companies is determined by the nature and extent of your injuries - the greater your injuries, the greater your compensation. But. . . insurance companies do not give you the top dollar for your injuries. You need an attorney to represent you. An attorney who deals with insurance companies, who can get you the best compensation, an attorney who can help you with your medical care, etc. PLEASE FEEL FREE TO CONTACT OUR OFFICE TO DISCUSS YOUR OPTIONS. There is absolutely no cost to you until a recovery is made against the insurance companies.
Answer Applies to: California
Replied: 7/31/2015
    Law Offices of Carl L. Brown | Carl L. Brown
    Yes, you have a claim for personal injuries. Insurance companies are in business to make a profit. Do not delay in consulting an experienced personal injury attorney or you may lose the evidence necessary to prove the nature and extent of your injuries. You must be proactive. Insurance companies count on most people being reactive.
    Answer Applies to: California
    Replied: 7/31/2015
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