Member of the Month

Dlonetti
August, 2024

Online

Welcome to the Newschoolers forums! You may read the forums as a guest, however you must be a registered member to post. Register to become a member today!

Whiplash. To sue, or not to sue?

profile picture
SpiritualPlum
Posts: 129 - Karma: 14
Ok, so on Thursday I was rear-ended. I stopped for a dog in the road (didn't even slam the brakes, just slowed down gently), but the guy behind me didn't see me and he smashed into me doing about 40mph. Not only is my car very near totaled, but I have a case of whiplash. I went to the doctor and got x-rays and stuff and was officially diagnosed with whiplash (along with being on painkillers and muscle relaxers out the ass). Should I sue the guy who hit me? A friend of mine got whiplash in an accident and got 7 grand for missing work because of his neck.
Dec 4 2010 12:54PM
3 0
profile picture
Loco-Deer-Slayer
Posts: 1401 - Karma: 701
Two questions:

1) Are you a dick?

2) Is the guy who hit you a dick?

If yes to both, sue him.
Dec 4 2010 12:56PM
0 0
profile picture
factory81
Posts: 3967 - Karma: 63
If they deserve it, sue them.

You could have sustained injuries that could impact the quality of your life in your later years.

You shouldn't be stopped in the middle of the road even if it is a dog though, and this would really weaken your argument in course if you were to attempt to get money out of him.

Since your health care visit wasn't free, and your car is smashed. I would ask for all damages to the vehicle to be paid for out of his pocket or his insurance companies pocket (so that it does not hurt your insurance). And that he also pay all your medical bills from the accident.

THAN if you still feel he deserves it, sue him.

Dec 4 2010 1:05PM
0 0
profile picture
Broseph_Stalin
Posts: 3745 - Karma: 177
sometimes people need money for fixing whatever other people did to them... so you're wrong about your assumptions
Dec 4 2010 1:10PM
0 0
profile picture
maximiliaan
Posts: 7711 - Karma: 2,857
you forgot to ask if he has got an pet turtle....
Dec 4 2010 1:10PM
1 0
profile picture
Degnan
Posts: 213 - Karma: 843
I disagree
Dec 4 2010 1:16PM
1 0
profile picture
SpiritualPlum
Posts: 129 - Karma: 14
I wasn't going to hit some family's dog. I have every right to stop in the middle of the road. Also, it was a road with 2 lanes on each side of the yellow so he could've stayed in his lane instead of lane changing into my left corner. Also, the police office came and I got a report and everything and he is at fault and got a ticket. I'm assuming his insurance is going to fix my '84 BMW back to like-new condition, but if I'm not, I will sue him.
Dec 4 2010 1:19PM
0 0
profile picture
howlongcanausern
Posts: 4982 - Karma: 1,737
wow you almost sound excited about it
Dec 4 2010 1:24PM
0 0
profile picture
skiierman
Posts: 28699 - Karma: -5,563
stop being a pussy, its not like you broke your neck.
Dec 4 2010 1:24PM
0 0
profile picture
dbstar
Posts: 2038 - Karma: 20
you are a parasite of society
Dec 4 2010 1:24PM
0 0
profile picture
no_steeze
Posts: 23992 - Karma: 4,272
sue the fucking dog
Dec 4 2010 1:26PM
0 0
profile picture
theabortionator
Posts: 51496 - Karma: 160,707
.
Dec 4 2010 1:28PM
0 0
profile picture
SpiritualPlum
Posts: 129 - Karma: 14
I wouldn't ask for more than the repairs on my car. However, we both have American Family, and the process is moving smoothly. My neck is only a little sore, and it looks like my car is going to get fixed soon. I got a rental today. I don't want to sue him for my own profit, I would just like my car fixed. I can't drive it because the entire back left corner is smashed, including my tail-light and bumper. ALso, the exhaust was on the ground and my driver seat rtipped out of the floor. See: http://www.facebook.com/photo.php?pid=5617949&l=f82778ee51&id=766988475 http://www.facebook.com/photo.php?pid=5617945&l=54c4eaf617&id=766988475
Dec 4 2010 1:29PM
0 0
profile picture
SpiritualPlum
Posts: 129 - Karma: 14
Seriously though... You'd think people who live in the middle of a city would at least keep their dog on a fucking leash. That dog caused 2 cars to have lots of $ worth of damage.
Dec 4 2010 1:31PM
0 0
profile picture
General_Ripper
Posts: 3327 - Karma: 189

I'f your actually hurt and the person and this case of whiplash is going to cost you some sort of time or money you should probably get what you desrve. On the other hand if its not bad at all and you are being a greedy scumbag and trying to take advantage of the situation then that fucked up.

My parents have a rental property and this renters daughter slipped twice on ice in the driveway. She sued her father once and my dad once and made out with like 60 g's. The worst part is that she is america's child. She never worked a day in her life and all she does is hang out at her parents and collects welfare checks because shes a lazy 35 year old.  It's messed up because you know she faked it to get money.

Dec 4 2010 1:56PM
0 0
profile picture
Proze
Posts: 1094 - Karma: 7
What kinda car was he driving and how poor are you?
Dec 4 2010 1:58PM
0 0
profile picture
SpiritualPlum
Posts: 129 - Karma: 14
He was in a 90s Volvo. I also don't have much money. I work every night after school, but I don't make much. I'm not being a scumbag and lying, I'm honestly in quite a bit of pain (minus the 800mg ibuprofens and my cyclobenzaprine). I will also have to miss work on Monday because I can't drive on my muscle relaxers, and I need to take them for the next 4 days or I risk my neck becoming more injured.
Dec 4 2010 2:01PM
0 0
profile picture
Nurgle
Posts: 1249 - Karma: 15
you did slow down for it...
Dec 4 2010 2:01PM
0 0
profile picture
SpiritualPlum
Posts: 129 - Karma: 14
Are you implying that I should have hit it? What happened is the guy was in the left lane and I was in the right. The left lane slowed down, due to people turning left having to wait for traffic. He decides to cut into my lane to maintain speed, but does not see that I had stopped to avoid hitting the dog and BOOM. He smashed my car and I ended up over the curb in some lady's yard.
Dec 4 2010 2:03PM
0 0
profile picture
ORDEAL
Posts: 6386 - Karma: 75
Sue the bastard. I dont care if it's a dickish move. He totalled your car, and caused bodily harm to you. If he was nice about it, dont sue for profit
Dec 4 2010 2:05PM
0 0
profile picture
Luc.
Posts: 7540 - Karma: 59
are u american? if so, then when all else fails, sue.
Dec 4 2010 2:06PM
0 0
profile picture
SpiritualPlum
Posts: 129 - Karma: 14
He was a nice guy about everything. We talked before the officer arrived, and everything was fine. I was just in love with my e30, and if his insurance won't fix my car, then I will fix it one way or another. I don't want an arm and a leg, just compensation for the pain and the damage done to my vehicle.
Dec 4 2010 2:08PM
0 0
profile picture
Proze
Posts: 1094 - Karma: 7
Idk man I would try and get an out of court settlement for the value of the car and leave it at that...court sucks donkey dick
Dec 4 2010 2:15PM
0 0
profile picture
Mr.Turtle
Posts: 3690 - Karma: 96
unless you reported that you were injured to the police when they were writing the report it is too late to file suit. you have to say you were injured to the police when they are on scene. at least in NY
Dec 4 2010 2:17PM
0 0
profile picture
PowSkierCO
Posts: 760 - Karma: 11
Grow up man. Actually, you do not have the right to stop in the middle of the roadway. Did you know that if you did not stop in the middle of the road you would not have been hit? That's the case he can fight and would most likely win. He will win because it's against the law to stop in the middle of the road. Also, your insurance or his may also fault you 10% or so, reguardless of who got the ticket. You are obstructing the flow of traffic. Traffic court is different then small claims court. I think you shoudl just have his insurance fix the car (or cut you a check to replace it, depends on how much it will cost to fix it based on how much it's actually worth). Also, he can also fight, being that the street had two lanes, you could have also went in to loane number two. So bottom line is, if you sue, you are a tool and you may not win, which would resault in additional cost to YOU of your family. (not sure how old you are). Just because you were doing a "good deed" in your mind does not mean you were right. Period.
Dec 4 2010 2:17PM
0 0
profile picture
SpiritualPlum
Posts: 129 - Karma: 14
Another thing. If his insurance won't fix my car, it only KBB's for like $300. It's a 1984 BMW 318i. Runs perfect, beautiful interior, great exterior, and best of all It has sub-100k on the odometer. I just won't be re-imbursed enough without suing.
Dec 4 2010 2:17PM
0 0
profile picture
steezbox
Posts: 1394 - Karma: 701
Dec 4 2010 2:26PM
0 0
profile picture
factory81
Posts: 3967 - Karma: 63
In Michigan they tell you to hit a deer before you swerve or try and stop.

They, being the police, say that more fatalities occur when people attempt to avoid animals.
Dec 4 2010 2:29PM
0 0
profile picture
SpiritualPlum
Posts: 129 - Karma: 14
I didn't slam on the brakes, I stopped gently. It's easy to say not to swerve or stop, until you see a puppy's face. The cop also took this into consideration, but still said the other party is entirely at fault, and was given a citation.
Dec 4 2010 2:32PM
0 0
profile picture
SpiritualPlum
Posts: 129 - Karma: 14
Thanks for the replies guys. Any more input on my situation would be appreciated (:
Dec 4 2010 3:06PM
0 0
profile picture
pomme-de-terre
Posts: 3915 - Karma: 703
dont sue. his insurance will cover your car. there is no question of that, its the law. its a car accident, shit happens, and it sucks. dont be a dick and make it any worse for the guy. ive been involved in accident before where it was my fault and i felt like the biggest asshole alive. thats probably how this guy feels. dont make it any worse.
Dec 4 2010 3:12PM
0 0
profile picture
geteducated
Posts: 6410 - Karma: 86
well it was an accident, its hard to say. i mean, if you saw the guy looking at his phone or messing with his ipod when he rear ended you, then i would sue the guy out of principal, but if he just couldn't react quick enough then i'd just let it go.
Dec 4 2010 3:14PM
0 0
profile picture
PowSkierCO
Posts: 760 - Karma: 11
If you have a car this is true. The reason is, if you slam on your breaks the front of the car dives to the ground which allows the deer (or whatever you are gong to hit) to roll up the hood and hit your window. I have a friend that ran right thru the deer in a little car and is alive today because of that. The cops said if she had hit the breaks she would be dead.
Dec 4 2010 3:17PM
0 0
profile picture
PowSkierCO
Posts: 760 - Karma: 11
I also wanted to point out that in your OG post you go on about sueing about you having whiplash, in every other post you bitch about your car. This makes you one of the tools that are sue happy. The dude feels bad enough due to him hitting you. Let it go..
Dec 4 2010 3:19PM
0 0
profile picture
SpiritualPlum
Posts: 129 - Karma: 14
I'm not sue-happy. I guess I worded my original post wrong. I would only sue if my car was deemed totaled instead of being fixed. If his insurance fixes my car, I have no reason to sue him. I also understand that he probably feels really bad for hitting me, and he even apologized when I walked up to his car.
Dec 4 2010 3:29PM
0 0
profile picture
Jacob-T
Posts: 325 - Karma: 9
I love being an American... I have some whiplash lets sue the fuck out of the person who gave it to me. If the guy wasn't an asshole to you or even was a little bit don't sue him... Honestly It's called being a man.
Dec 4 2010 4:49PM
0 0
profile picture
factory81
Posts: 3967 - Karma: 63
Heres my cool story, so yesterday I wake up at 5:30 am to go to work ya know.....finally im leaving the town i work in and its 7pm at night, and i drive what you could consider a sporty car, and i was going 60 around a 55mph turn, and theres a road that allows people to cross, and this car tried to cross in between the car in front of me and me, and needless to say it was kind of like a video game for a second as i had to do some wicked menuvering to avoid him.


i hope he shit himself as my 6000w hid lights were blinding him as i was driving 60mph toward his drivers side door.......
Dec 4 2010 5:01PM
0 0
profile picture
pimpcat
Posts: 858 - Karma: 321
The fact that you're asking for legal advice on NS scares me...
Dec 4 2010 5:06PM
0 0
profile picture
Token
Posts: 41 - Karma: 10
dont sue the guy. try and settle with his insurance company. A similar situation happened to my mom and she just settled directly with the other guys insurance company and they gave her $$$. This way u get ur money, no court, and the guy who hit you doesn't have to pay. win of everyone
Dec 4 2010 5:11PM
0 0
profile picture
Static
Posts: 8534 - Karma: 4,178
if he really hit you going 40, and you have whiplash as bad as you say, there is NO WAY they will repair your 85 BMW, unless it's a collectors car and has been appraised for more than a few thousand. They will cut you a check for the blue book value, (kbb doesn't even go back past 1990, a 1990 535i is only worth a couple thousand).
Dec 4 2010 5:42PM
0 0
profile picture
1337
Posts: 31046 - Karma: 29,164
do what someone else said and ask for him or his insurance to pay for your medical bills and your car. no need to sue
Dec 4 2010 6:49PM
0 0
profile picture
Arabian.
Posts: 9632 - Karma: 54
No need to sue. Get him to pay your medical and insurance/repair fees and be on your way. If he refuses or tries to short you, sue the shit out of him. There's no sense creating long-term consequences for short term problems.
Dec 4 2010 6:56PM
0 0
profile picture
skiminnesota
Posts: 9093 - Karma: 429
can you prove damages?

(obviously IMO he should be paying your medical bills.)
Dec 4 2010 6:58PM
0 0
profile picture
GayWolf420
Posts: 37166 - Karma: 116,514
No need to sue an idiot who clearly shouldn't be driving.
Dec 4 2010 6:59PM
0 0
profile picture
Leeyum
Posts: 1285 - Karma: 168
if you need to ask newschoolers.......then no. Who the fuck sues for whiplash ?
Dec 4 2010 7:03PM
0 0
profile picture
dex.
Posts: 2973 - Karma: 62
sue
Dec 4 2010 7:04PM
0 0
profile picture
Poon_Handler
Posts: 361 - Karma: 42
Settle this the American way..
..and call your lawyer
Dec 4 2010 7:14PM
0 0
profile picture
Luc.
Posts: 7540 - Karma: 59
really the best and most well rounded answer for the thread
Dec 5 2010 12:49AM
0 0
profile picture
TWoods
Posts: 10014 - Karma: 8,385
This.


For everyone that says that you shouldn't have stopped - well, that's just absurd. You can slow down or stop if there is an obstruction in the road (dog or otherwise). Especially if it may cause damage to your vehicle.

People behind you are supposed to be aware enough to not hit you, and following a reasonable distance behind so in the case of something like this, they can stop. Image if it was a kid in the road, and he rear-ended you into the kid? That's why these law exists.
Dec 5 2010 1:01AM
0 0
profile picture
Logey.
Posts: 2996 - Karma: 457
like
Dec 5 2010 1:04AM
0 0
profile picture
PartyHon
Posts: 2019 - Karma: 425
words of wisdom from TWoods yet again
Dec 5 2010 1:05AM
0 0
All times are Eastern (-4)