Four cars just pulled through the light the one in front is turning left I am in the back, we all are stopped, an 18 year old female, texting slams into the back of my car, she has a temporary license, don't know why, she is driving a one ton dually, she totaled my SUV.
My wife and daughter were fine, I was hurt, don't know how bad yet, can't look left, neck is in bad shape,
Her insurance is Farmers, they have offered and unexceptable amount for my car, the girl has claimed fault, so Farmer is picking up the hospital bill so far, first trip is $7700, I know I will never be right again.
I wan't to be paid the rest of my life, this was not an accident, if she had not been texting she would not have hit me, and now I can not do what I could do, two weeks ago, I wan't to be compensated for having my neck hurt, I am 53 years old and now damaged.
I could not pass a physical, for a job, as of today, if I ever loose this job, as a manufacturing engineer, I will be screwed, from a driver that could have provented this, can I sue her insurance for negligence on there drivers part? and win a settlement?
Hello A.D. King,
You can probably use and win and award, however, it will be unlikely that this would be a "for life" award. Most injury cases settle for a fix amount of money, and usually, the insurance company pays that amount. If the amount is too much, and over the limits of the insurance company, then there may be other coverage (like uninsured motorist in your own policy).
If there is no other coverage, you will probably have to write that as debt owed to you.
You cannot sue the insurance company for negligence as they did not hit you. You can sue her and the insurance company will defend her. The fact that she is driving and texting makes her negligent, but unless you can show intentional impact (she intended to hit you), this will probably still be an accident.
Contact an attorney to evaluate about how much you can get in a settlement.