She was going straight at an intersection; had a green light. The person at fault was going left; did not yield to my wife. Car totaled. He either had a green light or a flashing yellow arrow. Either way, left needs to yield. This is why I don't understand why the cop didn't charge him with anything at the scene. There is even an eye witness who told the cop that my wife had a green light (she was behind her). I reached out to her, but I haven't been able to get her to give me a formal affidavit, I'll keep trying. She's happy to talk, but getting her to fill out the form hasn't been easy.
Question is: who do I sue (who can I sue)? NC Law seems to say that I can only sue the driver. Is that right? My wife doesn't want to proceed...but I do! Any advice? Thinking small claims court for $2kMy wife is extremely apprehensive about doing anything, and it's been difficult to get her to think we can do anything. Simply convincing my wife that we have a case would be good enough for me. We were just married a few months ago, so...her concerns are now my concerns! From what I can tell about the law: I have three years to file a suit (so time's running out), I cannot sue the insurance company directly. I was thinking bringing up a small claims case against both the driver and the insurance company. What are my rights in this area? This is largely a symbolic case for me, my wife just wants to "leave it alone", but I cannot stand by when my wife's insurance premiums have doubled for almost 3 years. I don't think I can collect anything in that space, but I would at least like to go after the damages that were lost (her insurance company gave her about half the cost of the car when it was totaled).
Negligence and personal injury Contributory negligence and personal injury Personal injury Personal injury lawsuits Police reports for personal injuries Witness testimony and personal injuries Fault laws and personal injury cases Types of personal injuries Car Accidents Criminal defense Police interrogation Lawsuits and disputes Filing a lawsuit Small claims court
Sign up to receive a 3-part series of useful information and advice about personal injury law.