What should I do if I was involved in a an accident with a commercial work van that T- boned me?
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What should I do if I was involved in a an accident with a commercial work van that T- boned me?
He was at fault. Since the accident ive gotten MRI’s and X-rays and have found a tear around my rotator cuff. I’ve missed work and my car. It was totaled; my insurance paid the value and gap paid another portion but left a balance of $808. Between the rotator cuff, lost vehicle and increased anxiety/depression from being injured (I’m a personal trainer ), I want a brand new car from the other as well as fair pain and suffering.
Asked on June 7, 2014 under Personal Injury, New Mexico
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
You can sue an at-fault driver, the owner of the vehicle, and the business employing the driver, if the accident was in the course of his employment, for:
1) Any unpaid/unreimbursed medical costs, now or prospective future (e.g. if you'll need physical therapy, or ongoing pain medication);
2) Any lost wages and any reduction in earning potential;
3) Pain and suffering, if you have had a long-lasting impairment of life function or disability--this is a very subjective measure, and hard to exactly quantify (speak with an experienced personal injury attorney about your case, to see what this and other elements of your monetary recovery might be worth);
4) Other out-of-pocket unreimbursed expenses, such as car rental, towing, etc.
5) Any amount of your totalled car's then-current value not paid by insurance, such as the unpaid $808 balance.
You can't sue for a new car: in terms of property damage, you can only get up to the value of the destroyed property.
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