Reasons to Sue after a Car Accident – Guest Post

If you have been in a car accident that was not your fault, and you were injured, you may be thinking of suing the other driver. Lawsuits are certainly one way to recover money for financial and physical hardships endured due to an accident that you did not cause.

Though most accident victims go through the liable party’s insurance company to settle damages, sometimes this isn’t feasible. As such, here are some reasons why you would sue after a car accident:

Their Insurance is Lowballing or Denying your Claim

If the liable driver’s insurance company is denying your claim or providing you with a small settlement, and it refuses to negotiate, it may be time to play hardball by filing a lawsuit.

You should have, at the very least, enough money to cover your property damage and related repairs, medical bills, rehabilitation costs, loss of current and future wages, and, if applicable, funeral and burial costs.

That said, punitive damages may need to be decided in court, as well as compensation for pain and suffering.

The At-Fault Driver has No Insurance

If you want to get the money that is rightfully yours, and the negligent driver is not carrying insurance, your only option may be exercising your legal rights in court.

Many attorneys do not advocate for this, since a person that cannot afford insurance probably lacks the assets to go after. In other words, he or she may be judgment proof, and even if you win, you may not recover any losses.

You do not Reside in a No-Fault State

Another way to collect if the driver does not have adequate insurance is through your own insurance company.

Remember, while the other driver is the person you would sue, it is her or his insurance company that would provide a settlement. Without insurance, this would be a fruitless endeavor for you, and, as such, 18 different states allow you to use your own insurance to pay your expenses regardless of fault.

These jurisdictions are referred to as “no-fault states,” but the coverage in these areas is still optional, and there are 32 states where it is not permitted at all. In those states, you may have to sue.

The Statute of Limitations is Running Out

Each state has a certain amount of time, guaranteed by law, in which you may file a negligence or personal injury lawsuit. This time period also gives the insurance company time to settle. This stretch can be anywhere from one year, such as in Louisiana, to six years, as it is in Maine. Just remember, each state is different.

If a proper settlement cannot be made before the week that the statute of limitations is up, professionals, such as the Grall Law Group, recommend filing suit to keep the case active. Plus, it can still be settled at any time after filing.

Any of these are good reasons to file suit, however, it is always best to seek the advice of an experienced attorney when contemplating legal matters before going forward with anything. They may have advice on how best to approach what you want to accomplish or advise different courses of action that are guaranteed to win you your suit.