I got hit on purpose by a company driver. State trooper charged him with accident because of my dash cam footage now I been subpoenaed to appear in court because the prosecutor put assault charges on him I got hurt missed days at work and my semi was damaged should I be worried if they find him guilty they have not asked me the dollar amount I'm out. If I sue him I get nothing I'm up against wall their insurance refuse to talk to me im not sure if they are waiting on out come of trial
It's possible that the insurance company is refusing to talk to you due to the pending criminal charges. It's also possible that they aren't taking you seriously since you are handling this yourself without the assistance of an attorney. If you missed work and had to seek medical treatment for your injuries then you're entitled to be compensated for you loss along with compensation for your pain and suffering. It's possible the criminal court will order him to pay restitution to you for your bills and injuries but collecting that from the defendant would likely take years to get paid. You are much more likely to recover from the driver's insurance company. You may want to seek the assistance of a personal injury/auto accident attorney in that claim.
Get a lawyer. There are two aspects: criminal and civil. The assault is criminal. If you were hurt, you have a civil claim as well - and if he had insurance, that is good. The insurance company is not taking you seriously because you don't have an attorney. The longer they can drag it out, the more likely you will just go away. It's the way they operate. In most states, personal injury lawyers will take a case like yours on a contingency basis.
I agree with my colleagues, you need to get an attorney to represent you as soon as possible. Your case is two-fold: criminal and civil. You might get restitution recovery from the criminal charges filed because the other driver hit you on purpose, but for that you need to the criminal hearing of the at-fault party. Also, you may recover civilly for negligent torts and intentional torts (causes of action) involved. This is why you need to hire an attorney to represent your interests in both criminal and civil court.
While it may be true that you are being ignored because you do not have a lawyer, I think it goes beyond that. It is possible the insurance company is ignoring you bc they do not cover intentional acts like assault. You do need to get an attorney to bring a civil matter. However, in selecting an attorney, you need to discuss the concept of filing against the driver for intentional behavior as opposed to negligent behavior. The claims you bring in your lawsuit are very important. Depending on specific facts, if you allege intentional conduct, you may lose the benefit of insurance. You do not want to have to collect from personal assets of the other driver. Also, you only have one year to bring the case. If you do not, it is over.
I agree with Inna Demin. Make sure you attend the criminal trial of the accused and take proof of your damages. Many judges will order restitution on the criminal side. Hire counsel for your civil claims.
