My question involves an injury that occurred in the state of: California
I was rear-ended on the freeway in December by a 37 year old guy. He was driving his mother's car, had a suspended license and no proof of insurance on him. He also told me and the CHP officer he had no insurance. He didn't even get a ticket for driving without a license because the officer didn't witness the accident!
Anyway, ever since the accident I've been having head/neck issues from whiplash. I did go to the ER right after the officer released us from the scene.
I had to pay our insurance deductible and we got our car repaired since we have full coverage. My insurance has been trying to collect from the driver to at least get our deductible recovered, but no luck yet. The driver probably has no money, but I was told by an attorney that I could try to sue both him and his mother, who still shows as the registered owner of the car.
Is it worth suing them if I don't know if they can pay a settlement? I do have a legal plan so I think the cost to me would be minimal. Their car was a 2003 C class Mercedes sedan which looked like it was well cared for, but that's all I know.
If I sue, I'd want more than just small claims stuff as I'd want reimbursement for my insurance and medical expenses as well as pain/suffering. Not looking for millions or anything crazy like that.