hit by drunk driver

[sugarbaby3000]

What is the name of your state? Texas

A synopsis: I was hit and run by a drunk driver, under 21, no license and no insurance while out of town. The driver was caught later that night and thrown in jail. He was charged with DUI and failure to stop/render aid. The vehicle he was driving is insured. I have a witness and I had her use my digital camera for photos at the scene, I was taken by ambulance and released the same night. I have been in physical therapy for the past six weeks and have approximately three more to go. My insurance is subrogating the $6000 cost of repairs and $1000 in rental fees from the other party's insurance. I hope to settle the personal injury, lost wages, pain and suffering, etc soon after my medical treatment. I have some questions:
1. Do I have a claim for diminshed value of my vehicle?
2. If I settle for my personal injuries, can I still file a civil lawsuit? What parties are involved?
3. The DA said the driver's case may go to trial, should I wait for the outcome before I settle with the insured's company?
4. If I do settle with the insured's company, are they liable in a civil trial also?

I told the insured's adjuster that I haven't hired an attorney but will if they do not negotiate in good faith or simply lowball the settlement. I have documented every day since the accident with bills, correspondence, faxes, photos, phone records, etc. Any advice?

 

[shortbus]

1. If the payments to date fully compensate you for your vehicle damage (repairs + rental) you'll have no further claim on that item. If by "diminshed value" you mean diminshed resale value, no you can't claim that -- it's not damage you've actually suffered, just speculation.

2. No. If you settle for your injuries, you will have to sign a settlement letter agreeing not to sue the driver or his insurer. Standard procedure.

3. Maybe. If the driver is found guilty, the settlement value of your case goes up (because the driver has already been proven negligent by virtue of the criminal conviction). This is a judgment call for your injury lawyer.

4. No. See #2.

Any advice? Get a lawyer, get a lawyer, and finally ... get a lawyer. An injury lawyer works on contingency so there's no front costs to you.

I was injured in an accident last year and considered handling the settlement myself. Here's why it's a bad idea. First, you don't know what your case is worth. An experienced lawyer can tell you that.

Second, you may net out the same financially with or without a lawyer because of the contingency fee. But it's nice to have someone else do the legwork. You already have the inconvenience of being injured and going to therapy. If the insurer knows you're unrepresented, they'll just drag their ass on everything.

Documenting everything is the best thing to do. I would also say ... settlements are often pegged to a multiple of medical expenses as a guideline. So while it's not wise to gratuitously run up your med bills, don't skimp on things because you think it's wasteful. Get the full treatment recommended by your physician.

If you need a lawyer referral, ask your doctor. Doctors often appear as expert witnesses in injury cases and thus know good attorneys.