to sue or not to sue

so as most of you know i got into a wreck and know im needing to know if i should sue. my grounds for sueing would be that he had no insurance(a must in IL) and therefore shouldnt have been on the road! so let me know

Who's fault was the accident?

I haven't read the thread you're referring to but I think my question for you would be -- do you have any specific reason to sue? Are the damages to your car not being covered? Do you have medical bills as a result of this accident that aren't being covered? I guess what I'm getting at is don't sue just to sue. This country has enough people like that already, and it really is ridiculous. On top of that, if the reason he had no insurance was because he couldn't afford it, then it's gonna be more trouble to get anything from him than it's worth anyways.

report says mine but he ran a red light causing him to hit me. so im going to bring that up to

im not just going to sue him for no reason,personaly i hate people that do that but my car is covered, but as for myself i messed up my back and i have no insurance that will cover me for that

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Originally Posted by shiftto5

report says mine but he ran a red light causing him to hit me. so im going to bring that up to

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Why would the police report say it was your fault when it was he who ran a red light? :confuzd:

i was making a left and the light turned yellow so i went then i saw it go red then BOOM

You should probably get a Lawyer on this one...the police report is against you...you can't change that.

IMO, your up the creek if you try to sue

police report says your fault, time and waste of energy trying to sue someone with no insurance, yes he may learn his lesson but you will be out just by getting an attorney and really if he didnt have enough money for insurance he sure the heck isnt going to have enough money to give you even if you win, then you will be trying to take him back to court for not paying then he will end up in jail and thus you still dont get your money.

really really long cycle that may never end....more trouble than its worth

Are you kidding me? You are asking if you should sue? LOL! you better prey he doesn't sue you!

Traffic 101... in the situation you described, the guy making the left turn is always the one at fault. You must yield when making a left turn. Period. You can fight the rest of your life, and won't win that argument.

Hope you feel better soon.

good point

just kinda sounds "sue happy" to me. I mean if the guy had no insurance, and your just suing him for that reason? that sucks,

What if he had to drive, to get to work? and couldn't afford it?


I was once hit in WI by a women who had no insurance, it was her fault, and me and my family had injuries (serious ones). I talked to a lawyer that said "suing her would be like trying to get blood from a turnip".


If I were you I would hope this person doesn't try to sue you, because it does sound like you were in the wrong, and I would also be happy to be alive.

I can see this guy trying to sue... but I dont think he will get anywhere either, as he was driving without insurance....

catch 22 if ye ask me, be thankful your car can get fixed, but bam, your insurance is gonna go up

Sue its the American way, Good Luck:taz:

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Originally Posted by shiftto5

so as most of you know i got into a wreck and know im needing to know if i should sue. my grounds for sueing would be that he had no insurance(a must in IL) and therefore shouldnt have been on the road! so let me know

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Sure you have grounds....
but truthfully I am so fed up with people going straight to sueing. Wether you say you are or not; it is ALWAYS your responsibility to make sure the intersection is clear when making that left. Own up to your mistake and pay your own bill considering it was your fault and all.
Hate to break it to you so harshly but I deal with this crap way to much and hear about to many b.s. cases where people dont want to own up to the mess that they started.

i understand what everyone is saying i really really do,but first off i wasn't just jumping to the whole "lets sue everyone boat" i am simply stating that i cant afford for this to happen im a college student and my car is my life line, second off he ran the red light and im not challenging that the wreck was my fault but i am challenging the fact that im not the only one to blame. and whats so aggravating about all of this is that he just had a ticket 6days ago for no insurance. im not a bad person and im not saying i want his house or his car, i just want for him to get insurance, because what if it was you and you were hurt or your kids were hurt? would you want him to have insurance? i don't think that the question is out of context or wrong, but hey what do i know right

because you're at fault on paper, a lawsuit would very likely fail, could end up costing you money and time, all the while dragging out a process nobody wants to be part of.

and i understand that , plus thats the reason i was asking everyone on here what they thought i just didnt expect everyone to jump down my throat

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Originally Posted by shiftto5

and i understand that , plus thats the reason i was asking everyone on here what they thought i just didnt expect everyone to jump down my throat

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Guys, relax. It's a difficult situation. No need to jump on him for his suing idea, its completely idealistic with his injury.
Unfortunately, it's probably very difficult for him too. My dad had no insurance for a while because he had no money.. and he had to work so he didn't really have a choice to drive or not.
You probably can't force the guy to get insurance, but you can strongly suggest it. Suing would be pointless, and a waste of both of your money..

Good luck.

thank you for atleast putiing it in a nice way!

If he ran the light, and hit you in the intersection, then common sense would say that you ran it as well. Two wrongs don't make a right. I've had to drive without insurance before. Hell, I was driving without inspection. Would you wish for me to be thrown in jail if we both ran the red light and beefed our cars up a bit and both ended up with minor injuries? I couldn't afford insurance, or to spend several hundred to get my car inspected. I couldn't afford to buy a new car, and there was no public transportation where I lived. Guess what, I HAD to work. I was pregnant and doing whatever I could to make sure that we had the rent paid, food in our bellies, etc, and, car insurance and an inspection just couldn't be fit into our budget. Does that mean that I'm a bad person? Did I LIKE driving like that, thinking that at any minute I could be tossed in jail or end up with a several hundred dollar fine that I would never be able to pay? Thankfully, my family is in a MUCH better situation, we bought a new car (06 even), it's up-to-date on inspection, emissions, insurance and even oil changes. But, we couldn't have done it if I hadn't driven that car illegally. I was VERY cautious when I drove, not only because I was watching out for our unborn son's life, but because I couldn't afford to get into an accident or get pulled over. What if this guy is in a similar situation? You can't bleed a rock, if you're fine, then why go after someone when, in fact, you were (also) to blame for the accident? Either you both ran the red light, or you weren't paying attention to opposing traffic. Either way, good luck with life and getting your car fixed.

Don't sue. he will likely counter sue and you will lose. It is clear cut in this case. You are supposed to make sure the cars are stopping before you turn. Just because the light went yellow doesn't mean you can just turn.

I hope your injuries are not too bad. It is an unfortunate situation but in this case you are better off not even trying to sue.

her is my question, if he can't afford insurance what makes you think he can afford to pay you if you do win im not taking sides but i guess that is the only question. So either way you end up wasting time. If you think your going to take the house, just like everyone else right now he probably owes more than its worth on the open market right now.

jesus christ. does no one on here understand that i was asking for advice not to be fussed at by everyone and there mom! i completly undestand what every one is saying, and agree to all of your opions. but i did not start this thread to be attacked! so for those of you that acutally did give helpful advice in a kind manner thank you! and for those of you that didnt just picture yourslef in my shoes and think about it real hard. MOD PLEASE DELETE THIS THREAD.

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Originally Posted by shiftto5

i completly undestand what every one is saying, and agree to all of your opions. but i did not start this thread to be attacked!

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Unless i missed something all these posts are pointing out the reality of the situation not attacking you personally.

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Originally Posted by Somed00d

Unless i missed something all these posts are pointing out the reality of the situation not attacking you personally.

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If he ran the light, and hit you in the intersection, then common sense would say that you ran it as well. Two wrongs don't make a right. I've had to drive without insurance before. Hell, I was driving without inspection. Would you wish for me to be thrown in jail if we both ran the red light and beefed our cars up a bit and both ended up with minor injuries? I couldn't afford insurance, or to spend several hundred to get my car inspected. I couldn't afford to buy a new car, and there was no public transportation where I lived. Guess what, I HAD to work. I was pregnant and doing whatever I could to make sure that we had the rent paid, food in our bellies, etc, and, car insurance and an inspection just couldn't be fit into our budget. Does that mean that I'm a bad person? Did I LIKE driving like that, thinking that at any minute I could be tossed in jail or end up with a several hundred dollar fine that I would never be able to pay? Thankfully, my family is in a MUCH better situation, we bought a new car (06 even), it's up-to-date on inspection, emissions, insurance and even oil changes. But, we couldn't have done it if I hadn't driven that car illegally. I was VERY cautious when I drove, not only because I was watching out for our unborn son's life, but because I couldn't afford to get into an accident or get pulled over. What if this guy is in a similar situation? You can't bleed a rock, if you're fine, then why go after someone when, in fact, you were (also) to blame for the accident? Either you both ran the red light, or you weren't paying attention to opposing traffic. Either way, good luck with life and getting your car f
ixed.
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i personally consider this attacking me. ________________

shiftto5, he did not run the red light from what he's said. Making a left turn, he pulled into the intersection while it was green, and waited for opposing traffic to clear. The light turned red while he was waiting in the intersection, and he made a turn, at which point the other person involved in the collision ran the red light. He assumed that the guy was not going to run the red light. He was wrong, and things suck for him now. Should he have waited to make sure that oncoming traffic wasn't going to run the red? Yeah. But it's easy to trust other drivers. I have to remind myself every day that every other driver on the road is going to make dumb mistakes(or dumb purposeful choices) that put me and them at risk, and to watch attentively for them.

You bring up a good point about ability to pay for insurance, and needing transportation to work. It's a problem that just doesn't have a solution. It is absolutely 100% wrong to drive without insurance. But the way that many cities are, you have no way of getting to work without a car. Many people cannot afford car insurance, renters insurance, health insurance, gas, food, rent, and everything else they need to be safe, healthy, and responsible. Food and shelter come first, and it's quite concievable that people, even working multiple jobs and putting in overtime hours, can barely afford that.

Do I feel sorry for people in that position? Yeah totally. But if I got hit by someone and was seriously injured or my car was completely wrecked, I would be pissed beyond belief and not likely forgive them for a good long time. If I then found out they were driving without insurance, I would be furious beyond belief.

It sucks hard that people are in that position, but when somebody puts me at risk, my sympathy runs a little thin.

If someone with no insurance hits you, and your insurance company covers medical costs and car repairs, your premiums will skyrocket even if you were following the rules of the road.

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Originally Posted by gsx2ts4u

What if he had to drive, to get to work? and couldn't afford it?

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I agree with those who say an attorney should be consulted, not an internet forum, but I wanted to address this point.

Personal responsibility dictates that if one cannot afford the state law mandated insurance, one should make other arrangements for getting to work. Not being able to afford insurance means one can't afford to drive, not one should go ahead and drive without it.

I agree 100%:gj:
they have all those companies offer state minimum coverage for cheap..

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Originally Posted by SarahMB

I agree with those who say an attorney should be consulted, not an internet forum, but I wanted to address this point.

Personal responsibility dictates that if one cannot afford the state law mandated insurance, one should make other arrangements for getting to work. Not being able to afford insurance means one can't afford to drive, not one should go ahead and drive without it.

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you probably have no case. your best bet would be to watch your local television and find a lawyer that has some catchy tv ad and call em' up.

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Originally Posted by SarahMB

Personal responsibility dictates that if one cannot afford the state law mandated insurance, one should make other arrangements for getting to work. Not being able to afford insurance means one can't afford to drive, not one should go ahead and drive without it.

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You and I may feel that way but many people don't care. My brother had his license suspended, many tickets for no insurance no license plates etc. He carried on driving until they froze his bank account then he finally smartened up.

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Originally Posted by shiftto5

jesus christ. does no one on here understand that i was asking for advice not to be fussed at by everyone and there mom! i completly undestand what every one is saying, and agree to all of your opions. but i did not start this thread to be attacked! so for those of you that acutally did give helpful advice in a kind manner thank you! and for those of you that didnt just picture yourslef in my shoes and think about it real hard. MOD PLEASE DELETE THIS THREAD.

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I know it stinks to get attacked. But when you come to an open forum like this you have to be ready for all kinds of replies. If you think that you will be able to come on here and ask a question that is open to various interpretations and opinions. And only hear what you want to hear, and always have it sugar coated, then you are sadly mistaken. :colbert: So, pick through all the garbage and find what you are looking for. It's there even if it wasn't presented the way you wanted it to be. :gj:

The only parts of my post that were directly pointed at you were pointing out the obvious, which, the police apparantly agreed with. Like I said, hopefully you get your car fixed and everything works out. (Take that as an attack if you want, whatever.)

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Do I feel sorry for people in that position? Yeah totally. But if I got hit by someone and was seriously injured or my car was completely wrecked, I would be pissed beyond belief and not likely forgive them for a good long time. If I then found out they were driving without insurance, I would be furious beyond belief.

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I'd be pretty furious as well, however, if it was my fault, I couldn't hold a grudge. Yes, I'd be pissed for awhile, but it would soon abate, considering that it were my own fault.
I personally do the same thing this guy did, I sit in the intersection and wait until I can go (I wait until the light turns), however, after seeing this mess, I think I can spare a few minutes and wait for the next light. Learn from the mistake of another. Even if it does get charged as someone else's fault, that's still a trauma that I don't wish to put my son through, nor can I afford to have my car sitting in the garage for a week or longer.


As far as being able to afford insurance, even though I'm no longer in that situation, I simply cannot agree. Yes, everyone SHOULD have insurance, but, when people don't have enough food to feed themselves and their children, I cannot fathom demanding them to send several hundred per year to some big-name company that is rolling in dough. Life is an injustice, and I know that there's nothing that I can do to change it or to help those in need. Too bad the filthy rich don't feel the same way.

i just want to take a second and apoligize to everyone for me being crappy on here. i dont like to make excuses as to why i was crappy but i just want to apoligize so im sorry to everyone espically bettacreek, im sorry and i know you were just trying to help

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Originally Posted by shiftto5

i just want to take a second and apoligize to everyone for me being crappy on here. i dont like to make excuses as to why i was crappy but i just want to apoligize so im sorry to everyone espically bettacreek, im sorry and i know you were just trying to help

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That was very nice of you to apologize! I wanted to point something out to you that may make you feel a little better. The person that hit you without insurance is now in trouble with the law. He/she will most likely lose his/her license and I'm sure fines will follow. Yes, they could continue to drive with a suspended license but his trouble will triple if they are caught doing so and in my state they will find themselves serving some jail time if caught.

Good for you for being responsible and having insurance to cover your car. Your insurance coverage should have some sort of medical limit and will help you with your medical costs. Contact the claims adjuster at your insurance company and ask them what you are entitled to and if you don't like their answer ask to speak with their supervisor (to make sure what you are being told is fact).

Good luck!

Well, thanks, and I apologize for coming off as an ass as well. Any updates on the situation? Are you ok? Is the car fixed?

well its all working out well as of now. i did lose my job because of all of this but im not to worried about that because it wasnt that great of a job anywaz.( i lost it because i have no way to get there) my back is still messed up but im sure it will get better. and my car is being fixed( but it was only around 1grand away from being totaled.

Jeez. Hopefully you find a better job soon. Did you get your back checked out? Cars are ridiculous. I remember my stepfather had a tree branch fall on his truck and put a hole through his hood (nothing else was damaged, thankfully) and it ran around $1,500. Hopefully everything heals and gets fixed quickly.

I would not sue.... It seems to me as it wouldn't do you much good. I really really hope your back ist injured too badly! I hope you get better soon!

Best Wishes,
Luna, Cal and Ki

yah im not going to sue, it has been a really really tough week and i was alittle bit on the aggravated side so i think it was that talking and not really me

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Originally Posted by shiftto5

yah im not going to sue, it has been a really really tough week and i was alittle bit on the aggravated side so i think it was that talking and not really me

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Good call and good to hear. I hope all works out for the best of you,

Paul