Being in a car accident is never a pleasant experience. All of a sudden, your car has been damaged, and you may have suffered injuries that could require months of medical care. Still, even in your altered state immediately after the collision, you probably know you will have to deal with the insurance company to get your expenses taken care of. However, soon thereafter you may realize that the money you are being offered by the insurance company will simply not be enough to cover your damages and restore your health. You may want to read more here about what insurance companies generally cover and what a car accident lawyer can help you accomplish when it comes to negotiating with them.
Work With The Insurance Company
You may be thinking about suing the other driver personally as a first step. However, it is always recommended that you start by talking to their insurance company. They have experience dealing with the aftermath of car accidents and will want to reach a settlement quickly. Yet, if you are not at fault and are dealing with the other driver’s insurance company, they may be stalling or offering you a low amount for your damages. Exhaust all possible options with the insurance before deciding to file a lawsuit. If they offer a fair settlement, you will be spared the stress and expense of going to court.
When should you decide to sue someone personally?
The expectation when you sue someone after a car accident is a settlement that pays for your damages. However, it is important to recognize at what point it is worth it for you to take this legal action. If you do, you have to be willing to put in the time and effort it will require and deal with the added inconvenience of possibly going to court. Still, there may be times when, after careful consideration, you may conclude that filing a lawsuit against the party at fault is your only choice. Here are some situations that may call for you to file a lawsuit.
Your Insurance Settlement is Too Low
If, after negotiations with the insurance company, the amount you are being offered is still too low, a lawsuit may be the only way to get the funds you need to cover your expenses. Remember that the other driver’s insurance company will not have your best interests at heart, and they may be reluctant to offer you what you need.
Your Bills Are Too High
Even in cases where you know that you will get a fair insurance payout, you may discover that your injuries are too extensive, and the money you will receive will not be enough to deal with all your medical expenses. If, after carefully reviewing your expenses and comparing them to the estimated settlement amount, you are still convinced that it will not be enough, going to court may give you the financial remuneration you need.
The Fault Lies With the Other Driver
If it is clear that you were not at fault for the accident, and you can provide proof to the judge, they may rule in your favor, and you may get the money you need to cover your expenses. Working with an experienced accident attorney may help you build a strong case and gather the evidence needed to get the judge to rule in your favor.
Think About Filing a Lawsuit
After exhausting all possibilities of negotiation with the insurance company, you may have received as much as you can expect to get because of the limits of the policy, but you may still be facing unpaid medical bills and other losses. This may leave you with no other option but to file a suit against the other driver, which you have every right to do.
However, before pursuing this avenue, it is important to keep in mind that the other driver may not have the money or assets needed to pay your claim. In such situations, even if you do end up winning the case, you may not be able to recover much. Talking with a knowledgeable accident lawyer may help you put your case in order and understand the potential costs and benefits of pursuing this lawsuit.
Filing an Uninsured Motorist Claim
Remember that there is a time limit to file a lawsuit after a car accident, and if you have allowed some time to pass since your injuries, you may not have the opportunity to file a lawsuit against the other driver. Your only option may be to file an uninsured motorist claim with your insurance company. If you have uninsured motorist coverage in your policy, you may be entitled to receive a certain amount after being hit by a driver who carries no insurance.