Obviously you can and should get a lawyer ASAP to pursue the other driver.
Unless you are contending the rental company caused the crash or your injuries, and obviously they did not, you can't sue them. (If you purchased any medical insurance coverage, they would have to pay that).
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You can sue the party at fault or claim UM benefits and med-pay (if you purchased that coverage) from the rental ins. or your own car ins. if the at-fault party was uninsured.
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You should consult with a local lawyer right away. I think there are several potential parties - the defendant driver and his/her insurer, possibly your own insurer for uninsured and underinsured motorist coverage, and potentially a similar claim as to any insurance you may have taken out on the rental car.
Retain a local lawyer to discuss your options with you and help you move forward with a potential case. Good luck.
Assuming the other person is responsible for the accident, then yes you can. You should speak to an attorney about your options. I am available as well as others. Take and I hope you feel better.
Sam Levine, Esq.
There may be several avenues of recovery, and to obtain maximum compensation, you would want to retain one of the lawyers in your state who answered above.
You may seek damages against the person who hit you, however, I do not believe you would have a successful claim against the rental car company unless you can show that it was at fault for the accident.
Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
Literally, you can sue anyone at anytime for any reason. The issue, then, is not whether you "can sue," but rather whether you can prove by a preponderance of evidence that you are legally entitled to recover from the defendant. Based on the information presented, it would be impossible to give you any meaningful legal advice because one additional, or different, fact could change my opinion drastically. However, as a matter of general information, if you sue the other driver, you would be required to prove by a preponderance of evidence (1) duty, (2) breach, (3) causation, and (4) injury. If you successfully prove all elements of the tort of negligence, you would be entitled to recover money damages in an amount to be determined by a judge or jury. Generally, a lawsuit filed against a liability insurer will be dismissed because, in Georgia, as a general rule, liability insurers are not proper party defendants. There are major exceptions, however, as in the case of motor carriers.
Your question presents legal issues that are very complex and require a thorough examination of all relevant, material facts, as well as the assistance of a lawyer with experience trying these types of cases to juries and judges.
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Your claim is against the driver who was at fault. That person should have liability insurance on his/her car that will be responsible to pay for your injuries and property damages on behalf of the at fault driver. If he/she has no insurance (an unfortunate possibility these days), or that insurance is insufficient to fully pay for your losses, you can make a claim for your injuries under any available uninsured/underinsured motorist insurance coverage on any vehicle you owned at the time (your ability to make a claim against your own policy has nothing to do with the fact that you were not in your car at the time). You may also be able to claim benefits for medical expenses under your own policy and on the rental company's policy, assuming you purchased that type of benefit. I would be glad to discuss the claim with you.
Neil W. Putnam, attorney at law
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