Q: Can I sue for a head-on collision and seek compensation for injuries and damages?
Can I sue the other driver for a head-on collision that totaled my vehicle and caused me injuries, including whiplash? The other driver's statement to the police was inaccurate, and a witness provided a statement not included in the report. My insurance declared me not at fault, but the other driver's insurance found no liability, leaving me to bear all costs since I only had liability coverage. I am currently under chiropractic care for neck, back, and shoulder pain, and I have incurred costs for medical visits, a $200 insurance deductible, and damages estimated at $3,500 for the vehicle. Am I able to seek compensation for these expenses?
A: You may have to file a lawsuit against the other driver to not only seek damages related to your injuries but also the damages to the car. Did you seek medical attention right after the wreck?
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A:
Yes, you can sue the other driver for a head-on collision, especially if you’ve suffered injuries and financial loss due to their actions. Since your insurance found you not at fault and you're dealing with medical care, property damage, and out-of-pocket costs, you have a legal right to pursue compensation. The fact that the police report was incomplete or inaccurate, and that a witness statement was left out, could be important in building your case.
Even though the other driver's insurance denied liability, that doesn’t stop you from filing a personal injury lawsuit against the driver directly. Whiplash, ongoing pain, and the cost of chiropractic care are legitimate damages to include, along with the deductible and vehicle repairs. Keep all medical records, receipts, photos of the crash, and any communication related to the incident.
You may also want to gather the witness’s full statement and look into whether you can amend or supplement the police report. If you file a claim in small claims court or through a personal injury lawsuit, these details can help support your side. It’s unfair for you to carry the burden when the crash wasn’t your fault, and the legal system gives you a path to seek justice and recover your losses.
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