Q: I was wonder if I could sue for pain and suffering after an not at fault accident which I now have bad back problems?
A: As long as your car was insured and you suffered a serious impairment of a body function in the accident, you can sue the at-fault driver for pain and suffering damages.
Randy Lee Calvin agrees with this answer
A: Likely no. Our no-fault system makes your insurance company responsible for your medical bills. About the only way to get outside of the no-fault system and sue the other driver is if you suffered a serious impairment to a bodily function (e.g. paralysis, amputation, etc.). Back pain, usually, doesn't get you there.
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