OHTA.ca

We were in a car accident on saturday. My husband was driving up a hill(at the speed limit) and this guy came right into the back of us and totalled our van. Because there was a loan on it, we have to pay off the loan and now we might have trouble getting a new vehicle to due to our finances. Can we sue this guy for all the stress we're going through because of him? He was charged with careless driving as he was speeding and hit us very hard. He also took out a light standard and almost a house. What are the next steps? Will we have to go to court to testify?

Hurt in a car? Call William Mattar!

No, seriously, I'm no expert (just joined the board myself), but if I were you, I'd be getting advice from a real lawyer who deals with these things vs anonymous people (though knowledgeable!) on a message board...your family finances are at stake...

As said above, if you're contemplating any type of civil action, you should speak with a paralegal or lawyer for advice. That being said, if the other driver is at fault, should you not be getting some financial compensation through his or your insurance? At least to cover the cost of replacing your vehicle?

As for Court, you would only have to attend if the other driver attempts to fight the charge. If he pleads guilty, you will have no further involvement. If you're required to attend Court, you will receive a summons with the date, time and location. You probably won't hear anything anytime soon. Court dates can frequently be six months to a year down the road. When you attend Court, you'll be given an opportunity to review any statement you provided to police about the incident prior to giving testimony.