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If I'm injured in a car accident, can I sue the other driver for my medical bills and lost income?

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Question:

My car was hit by a speeding driver and I sustained injuries to my leg, back and neck, which laid me up in the hospital for over a month. I cannot go back to work for a while and because my job does not have long-term disability coverage, I'm going to lose income because of these injuries. Can I sue the other driver to recover my medical costs and my lost income?

Answer:

If the at-fault driver is insured, you can recover damages from his or her insurance company. However, the usual limitations of recovery are set by the terms of at-fault insurer's policy. If your medical liability and lost income exceed that coverage, and if you carry a no-fault policy, you can be indemnified by your own insurer. Note that in some states, a no-fault policy may preclude or restrict any right you have to pursue recovery against the at-fault driver in civil court.

If you choose to sue and live in a no-fault state, you may be required to show a certain threshold of medical costs and severity of injury to bring a suit. If you pursue an action in an at-fault state, the court may look at the comparative fault to determine to what degree each driver is responsible for the car accident and who can recover and how much.

To protect your rights in this situation, consult with an attorney experienced with car accident laws to determine how much you can recover for your medical liability and lost income.

Talk to a Car Accident Lawyer now to get a free consultation and get legal advice to help you protect your rights.

References:

Posted by Sharon Cullars on 07 May 2010

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