by Guest » Fri Apr 18, 2008 05:24 pm
Looking at my options here...
I got hit while stopped at a red light. The person that hit me is at fault (documented in the police report and his insurance co [State Farm] says he is 100% at fault).
The force of the impact, pushed me into a car infront of me. No damage to my car, slight damage to his car. The driver of this car was cited for driving on a Suspended DL.
Can I put a claim against this person's insurance co, for BI? If this person had not been driving, I would not have been pushed into them.
I am guessing the driver that hit me has the minimum 25/50/20 coverage required in VA. So the most I could get is 25K, correct? I can only find out what the true coverage is ... is by suing, correct?
I was diagnosed with degerative disc disease over 5 years ago and have been pain and problem free for the last 5 years. Since the accident, I am constantly in pain and had to turn on the implant I have, to help manage the pain. I have not had to use this device in over 5 years...
Since the accident I am back under Doctor's care for my back and now my neck, after being release 5 years ago...
I got hit while stopped at a red light. The person that hit me is at fault (documented in the police report and his insurance co [State Farm] says he is 100% at fault).
The force of the impact, pushed me into a car infront of me. No damage to my car, slight damage to his car. The driver of this car was cited for driving on a Suspended DL.
Can I put a claim against this person's insurance co, for BI? If this person had not been driving, I would not have been pushed into them.
I am guessing the driver that hit me has the minimum 25/50/20 coverage required in VA. So the most I could get is 25K, correct? I can only find out what the true coverage is ... is by suing, correct?
I was diagnosed with degerative disc disease over 5 years ago and have been pain and problem free for the last 5 years. Since the accident, I am constantly in pain and had to turn on the implant I have, to help manage the pain. I have not had to use this device in over 5 years...
Since the accident I am back under Doctor's care for my back and now my neck, after being release 5 years ago...
Posted: Fri Apr 18, 2008 05:52 pm Post Subject:
Sorry that this happened to you. My guess is that you probaly can't sue the person whom you hit but there is people with good advise and knowledge here (Lori..Tscope) that will help you out.
Posted: Sat Apr 19, 2008 01:21 am Post Subject:
Nope... the person not having a licenses is not the cause of your loss. That person is free to leave their home. This is what put him on front of you. He's not allowed to drive but this did not cause your loss. There is a separate and appropriate punishment for driving without a license.
Posted: Sat Apr 19, 2008 05:09 am Post Subject:
No damage to my car, slight damage to his car.
I believe the misconception lies over here. I believe he wanted to point out the person who hit him from the back, but somehow got mixed up with the explanation.
Since its already admitted by the at-fault party's insurance as well as in the police report, hence I don't think there should be any problem in obtaining your share of the 25K (but yeah, it has got nothing to do with the DL suspension).
But, in case he wants to point to the person in front of him, then I'm sorry!
Posted: Sun Apr 20, 2008 11:28 am Post Subject:
Hang on a second Sore....
No damage to my car,
Can I put a claim against this person's insurance co, for BI?
So the most I could get is 25K, correct
I was diagnosed with degerative disc disease over 5 years ago and have been pain and problem free for the last 5 years. Since the accident, I am constantly in pain and had to turn on the implant I have, to help manage the pain. I have not had to use this device in over 5 years...
You will have one huge hill to climb to prove this injury, with zero damage to the vehicles and prior condition...I'm sorry, I believe you (I also have this), but I'm telling you I think you have a very very very very very slim chance of a BI claim of any significant amount on this claim...You have a claim with the person that rearended you ONLY...the guy in front, nothing...licensed or not.....
I'm sorry you are experiencing pain again, but truely if you think that you have or will get a 25k BI settlement with no damages....it's just really doubtful this will happen.
Posted: Wed Apr 23, 2008 11:43 pm Post Subject:
I wonder if there was no damage to the car there couldnof been to much force right? That would be pretty hard to show Bi from an accident like this. I am sorry to hear about your degenerative disk disease. I have a sister who served years in the arm forces and now has this. It would kill me when she would fall to the ground in tears. It would leave me in tears too. She actually had to fight long and hard (and this time n ot in war with another country) to get any disability from the VA. Even though she suffer she still gets up everyday and goes to work. Hope you get better soon.
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