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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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