On a general scale, car accidents happen quite often. After facing an accident, the main concern is always the medical treatment and the repair costs of the vehicle. Nowadays, both of these are pretty expensive. If you are the driver at fault, usually, someone would go through your insurance company for the reimbursement.
But in some cases, these accidents precede a lawsuit. Being the driver at fault, someone might sue you individually for the damage caused. In this article, we’ll talk about how to deal with a lawsuit if someone sues you personally after a car accident.
Situations When Someone Can Sue You Personally After A Car Accident
If you are the driver at fault, someone can sue you individually under certain situations. In such cases, you can contact a car accident lawyer in Los Angeles, CA, for further help on how to proceed with the lawsuit. Usually, the opposite driver will approach your drivers’ insurance company for reimbursement. If the settlement offered is low and does not meet the driver’s expectations, he/she can sue you. Moreover, if the company refuses to negotiate, you can face a potential lawsuit.
Another such situation arises if you’re an uninsured motorist. This will be applicable only if the opposite driver has opted for such a policy. In this case, his insurance company will pay a certain amount for the damage caused. Now, if the UM/UIM coverage is not sufficient, the opposite drive may sue you personally.
It is best to contact a car accident lawyer in such UIM cases.
Negotiating With The Insurance Company
The opposite driver will negotiate with the insurance company of the driver at fault. The negotiated price may cover not only the vehicle repair costs but also the medical treatment. You can appoint a lawyer to monitor the negotiations. Usually, a lawsuit follows if the party and the insurance company are unable to reach an agreement. Negotiating with the insurance company may be considered as the first step to recover your losses.
Proving Fault
In case of a car accident, it is essential to prove the fault and liability of a driver. Since all drivers are obliged to follow specific rules and an accident indicates a potential breach of those rules, it is necessary to find out the driver at fault. The rest of the negotiation, claims, and lawsuits depend on that.
Filing A Personal Injury Claim
As long as you are partially responsible for the accident, you can file a personal injury claim through proper legal channels. This will help you to recover some of the medical treatment expenses. Since someone injured by another person is a potential breach of one’s legal duty, the person is entitled to pay for the damage caused.
How Can An Attorney Help You?
You should seek the help of a car accident attorney in these cases. They have a thorough knowledge of all the legal procedures. They know the proper legal channels too. They will also help in negotiations with the opposite party and the insurance company.
Conclusion
So it is well established that someone can sue you personally after a car accident. Certain situations, in this case, specific actions. Having a car accident attorney may come in handy. Most importantly, you need to handle these situations with a cool head. That’s all about it.
Author’s Bio
Shrey Jain is the Co-Founder of Writofy & a Chartered Accountant who works with a team of creative content writers. He holds a forte in creating informative content on niches like crypto, business, fintech, digital marketing, and several others. In addition, his willingness to learn and share his knowledge can immensely help readers get valuable insights on varied topics.
