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What are my rights after being injured when I was intentionally hit by my neighbors car?

Question Details:I had gotten into a altercation with my neighbor. While I was waiting for the police with my family, my neighbor came down his driveway and yelled,  "I'm going to kill you and run you over". Then he sped towards me with his vehicle. He hit me on my right side and I went into the air and pushed myself off the car so I would not go under the tires. I twisted my lower lumbar and have to have physical therapy three times a week indefinitely. So what rights do I have if to sue him for damages and anything else?

Asked 2 years ago under Personal Injury | 829 Views | More Legal Topics

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MTD gives you good advice as to the specific information you need to provide to an attorney if you decide to consult one on this matter.  I am curious to know what the outcome has been on the criminal action inherent in this incident.  Another issue which will have to be addressed is the source of recovery for damages in such an incident...there are insurance coverage issues involved which you need to discuss with an attorney to determine how to proceed. 

MTD, Member, California Bar | FreeAdvice Contributing Attorney Answered 2 years ago

Did he get arrested for attempted murder, manslaughter or anything? He better have because by running into you or trying to run you over with a motor vehicle is attempting to kill you with a deadly weapon, the deadly weapon being the car.

In terms of suing him, under the circumstances above, no matter who started this altercation/argument, if you simply walked away and was awaiting a police officer's arrival and had not attempted to kill this person and the danger had passed, this person's attempt to kill you/cause great bodily harm created a new altercation with he being the aggressor.  You can definitely sue him; the question is your recovery amount.

Take these into consideration:

1. Did you see the doctor? If so, what are your total costs, including and excluding medical insurance.

2. Are you keeping a daily journal and photo log of your injuries and pain?

3. Any damage to other property?

4. Were you or are you out of work?

You should consider taking the above, any police reports, medical reports, bills, etc. and speak to a personal injury attorney.  Keep in mind, if this person has been arrested for such activities, any conviction will be helpful to you in your civil case since the burden of proof to prove liability in a civil case is far less than in a criminal action.

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