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So the other day I was driving and was hit by someone who fell…

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So the other day I...
So the other day I was driving and was hit by someone who fell asleep at the wheel due to drugged driving. He was arrested and given a DUI. My car is totaled and insurance is taking care of that. My question is am I able to sue him for more that just repairs to my car because of his carelessness and endangering my life and others?
Submitted: 8 years ago.Category: Legal
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Answered in 2 minutes by:
6/17/2010
Lawyer: PlotinusLaw, Attorney replied 8 years ago
PlotinusLaw
PlotinusLaw, Attorney
Category: Legal
Satisfied Customers: 738
Experience: 14 years of experience in all areas of family law.
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Thank you for your question and for contacting just answer. While I am researching the answer to your question could you please give me an idea of what additional damages or compensation you are seeking?
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Customer reply replied 8 years ago
Well the damage to my car is really bad and its all on the driver's side. The next morning i woke up in a lot of body pain, and the pain in my shoulder was bad enough I had to go see a doctor. I was given pain medication and an anti-inflammotory, and was told I cannot work for the rest of the week. This is compromising my ability to make money. Bills need to be paid. Not to mention he put my life and others in danger. If I wasn't paying attention, he would have killed me. I needed to know what my options were exactly.
Lawyer: PlotinusLaw, Attorney replied 8 years ago
Thank you for the additional information and for being patient. Pennsylvania has a hybrid system when it comes to automobile liability based both on a no-fault system and an at fault system. If you are seeking reimbursement for medical expenses and lost wages, the no-fault part of the system is going to apply. This means that regardless of who caused the accident and who was at fault, each driver will look to their own insurance companies for the reimbursement of medical expenses as well as lost wages. If you are seeking damages for pain and suffering as well as other "non-economic losses", then the other half of the Pennsylvania system is going to apply meaning that you can seek reimbursement for damages based on the fault or negligence of the party causing the accident.

Based upon the information in your posts, you should submit a claim to your auto insurance provider immediately so that they can get to work processing a claim for your lost wages as well as for the repair of your vehicle. The pain and suffering you are experiencing is actionable and you can proceed directly against the driver who caused the accident. You have already been to a doctor which is good because you will have the medical records in order to establish causation pertaining to the injury. You should also try to acquire the accident investigation report from the police department for this part of your case. Most likely, your insurance company, once the claim is submitted, will obtain it on their own, but the sooner you have it, as well and your medical records, the sooner you will be able to begin seeking representation.

I hope that you have found this information helpful. If there is something that I have not explained clearly, or, if you are dissatisfied with the answer, please don't hesitate to ask a follow-up question. Also, please remember to click on the green "accept" button so that I may receive credit for this answer as well as any comments or feedback you may have. Your question will not close, and you will still have the opportunity to follow-up if needed. I wish you the best of luck in pursuing your case.

This is information only, not legal advice. No attorney-client relationship has been created. Please consult an attorney in your state for legal advice regarding your matter.
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