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I need advise about suing

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posted on Oct, 23 2013 @ 10:07 AM
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My gf got a dui and she got in a accident with me in the passenger side, now I'm having back problems.... Should I sue she's under her fathers policy.... Anyone with any legal background give me some kind of advise. I don't wnat to hurt our relationshop




posted on Oct, 23 2013 @ 10:08 AM
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Consult an attorney.

An online discussion board is no place to seek legal advice. IMO.

Best Wishes and Good Luck.



posted on Oct, 23 2013 @ 10:10 AM
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Well I can pretty much guarantee that you ain't "getting none" if you bring a lawsuit against her.

Still, you need to protect yourself and any possible injury you may have sustained.

As has been suggested, contact a lawyer.....a consultation is usually free and they will probably be able to tell you from experience what kind of case you have relatively quickly.



posted on Oct, 23 2013 @ 10:10 AM
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reply to post by jheated5
 


If her (Fathers) insurance isn't covering the cost of medical and lost wages, then yes, by all means sue. But you'll also probably lose your girlfriend in the process. Contact a lawyer and explain your predicament and see what he says.

You may still be young now and eventually heal, but at some point in the future, that back injury will come back to haunt you.



posted on Oct, 23 2013 @ 10:13 AM
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Why would you let your girlfriend drive if she was drunk?

Doesn't sound like a very reasonable thing to do in the first place.

Maybe you should accept your injury as your punishment and forget about the lawsuit.

You are just as guilty.



posted on Oct, 23 2013 @ 10:16 AM
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Contacting a lawyer is the first thing to do if you're certain the situation is serious, but you don't seem to as your description of the back pain is vague.

I'd suggest before you start a ruckus, to get a simple screening for back issues. It could be not much at all, but it could also be quite serious and costly to attempt and repair. I have back issues, and simply deal with it. It's probably a herniated disc in the lower back from getting lazy with form on heavy lifts after already being quite fatigued. Not a good idea!

Some simple back problems can go away on it's own with simple rehab that you can self-learn. Most people's backs are quite weak. If you don't do manual labor, or work out your back, it's probably very weak. Go find a decent specialist, and get looked at. If it's just a slight issue, work through it. If it's moderate to severe, then proceed with the lawyer.

Unless you're just looking for big monies for no good reason. Plenty of leeches out there in society today.



posted on Oct, 23 2013 @ 10:18 AM
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In this crazy litigious world I am surprised you don't get counter sued for letting her drive drunk. Sue the bar for selling her too many drinks. That's my advice.



posted on Oct, 23 2013 @ 10:23 AM
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reply to post by Spookybelle
 


Why would you let your girlfriend drive if she was drunk?

Or willfully get in the car with her.



posted on Oct, 23 2013 @ 10:41 AM
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reply to post by intrptr
 


she said she felt fine, if I sue though.... they won't go after anyone of the policy holders assets right?



posted on Oct, 23 2013 @ 10:49 AM
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reply to post by jheated5
 


If you sue, who do you figure you are suing against for negligent action resulting in your injury? I don't see a long and happy relationship in that future, unless it's with the complete and total support of all involved...in advance.

No, I can't see, in personal opinion here, how your claim could possibly top the limits of conventional liability insurance and tag assets of anyone. I wouldn't want to be the holder of that policy when premium adjustments get made though. Nor would I want to be around when the notice of that arrives in the mail. The DUI already hurt badly, no doubt. The suit would probably drop kick the thing into a new level of pain for future rates.

Just my guesses here.



posted on Oct, 23 2013 @ 10:54 AM
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reply to post by Wrabbit2000
 


I assumed if i sued, that they would do an out of court settlement with me..... I just don't want any bad with me and my gf.....



posted on Oct, 23 2013 @ 11:07 AM
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reply to post by jheated5
 


As the first reply to the thread said, none of us can give legal advice of any kind. (a real important thing to note).

In my personal experience, they will settle. Accidents almost always settle and our court system would grind to a complete halt with smoke pouring from the gears if even a good % of personal injury cases demanded Juries and seated trials. I shudder to imagine!

That doesn't change how insurance companies tend to think on matters when it comes time to adjust premiums. Especially on an accident they likely have as gross negligence to your g/f already.

If I were you and faced this in my own life, to decide myself? I'd very carefully weigh the injury and options. Is winning it worth the victory or will winning a settlement leave you feeling you lost a whole lot more in the long run?



posted on Oct, 23 2013 @ 12:05 PM
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reply to post by jheated5
 


Regardless of how you ended up in this situation you should first understand that insurance is there for instances where people are injured. The realistic view is that it could impact you for the rest of your working life or it could be something you shake off in a few days, either way you need someone medically trained to help make that assessment.

My version of the worst case scenario is that you don't follow up legally, you find out you have a serious problem and are limited in what you can do for work for the rest of your life. Then your current girlfriend leaves you because you can't provide properly for her or support a family (which she definitely wants) and now you are alone and still in a limited situation.

So talk to a lawyer because they will give you proper counsel and try to remember in most cases it is the insurance company that is going to pay for your care. The policy holder will see premiums rise but that is going to happen anyways considering the incident.

Hopefully everyone involved will have a mature outlook and not look at it in the wrong light.



posted on Oct, 23 2013 @ 12:08 PM
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reply to post by jheated5
 


she said she felt fine,

You asked if she was okay and she answered she was fine? So then you admit to knowing beforehand that she was intoxicated and still you chose to get into the car and let her drive?

Both those points kind of deflate your case in a civil law suit in front of a jury. I know you would like to avoid that part but it will be the focus of the other bench. What you did wasn't illegal, just risky. You accepted the risk. And you paid the price. You can't get that back. In fact people in that very court room may even take a dim view of your refusal to accept your part and blaming her for it.

Just saying...



posted on Oct, 23 2013 @ 12:10 PM
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reply to post by jheated5
 


What elevated one said.

DO NOT use an internet discussion board to get advice on the law. It's not clever.

Good luck!

~Tenth



posted on Oct, 23 2013 @ 04:15 PM
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Ok for everyone saying why did you get in the car or let here drive, we were both intoxicated..... I've been seeing a chiropractor twice a week and I still have back pain, this happened on sept 29th..... Doctors said I had whiplash and some kind of rotation in my hip....



posted on Oct, 23 2013 @ 07:43 PM
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hello evryone. this is Miss-Sky, justins girlfriend. i myself am thankful no one was critically injured or worse yet killed. ive known J for 15yrs and to think he would do this to me #ing kills me. the best part is hes not sueing me, my father is the main policy holder so thay are going after him. long story short hes going to do what he wants to do and leave me in the dust. just when i thought i found the person i wanted to spend the rest of my life with and have childran with...owll life happens...always thought being a good person would help. i myself have been in many car accidents and ONLY sued for medical bills no matter how i was. to me its dirty money. its tru he was talking into driving but im the one who got behind the wheel and i cry about it everyday, but whats done is done. he seemed like the one and only for me but i guess i was wrong again.....owell you live and you learn.





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