If you’ve been in a motor vehicle accident, you may be wondering what legal action can be taken against the negligent party who caused your accident. You will need to consult a car accident lawyer to evaluate the details of your case to get a clear picture of how a personal injury claim may play out for you. Some car accident claims are pretty clear-cut as to who will get sued after the accident. Negligence may be clearly attributed to one driver who caused the accident, and a personal injury claim may proceed smoothly. But not all personal injury cases are the same, and some are quite complex in that they involve more than one negligent party.
While some car accident victims go it alone and work with the insurance companies without the guidance of a personal injury attorney, it’s highly recommended that you retain legal counsel if your car accident involved more than one negligent driver or the accident was caused by a drunk driver. If your car accident occurred in a construction zone or was caused by a defect in the road, you will want to hire a lawyer to help you navigate the complexities that come with a car accident claim against a government agency.
Liability, At-Fault, Insurance, and Lawsuits
Liability must be determined in order to know who is negligent and who can be sued following a car accident. A skilled car accident attorney will evaluate the evidence in your car accident by reviewing police reports, surveillance video, witness statements, and damage to the vehicles and will be able to determine who was at-fault in your collision.
Your attorney you will find out if the other driver has insurance coverage in an amount sufficient to cover your losses. Many states have a no-fault insurance option, which means the insurance company pays medical coverage regardless of which driver caused the accident. However, most no-fault states allow you to sue the other driver for severe damages. In most cases, if you’ve made a claim with the other driver’s insurance company, negotiated with them, and they still aren’t covering all your expenses, your next step may be to initiate a lawsuit against. Your personal injury attorney will discuss all options with you as the claim moves through the timeline of personal injury cases.
There are three typical post-car accident scenarios that lead to someone getting sued:
Someone doesn’t have insurance. If you don’t have car insurance, or didn’t at the time of the accident, then the other driver must file a lawsuit to recover damages.
Your insurance isn’t enough. If the medical bills or property damage costs more than your insurance policy allows, a lawsuit may be filed.
The process took too long. Some people file a lawsuit after a car accident if their time is running out. In every state, there are statutes of limitations (time limits) for how long you have to file legal action against a negligent driver, and in most states, that time limit is just two years.
