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You are here: Home / Claims & Settlements / Insurance Claims / Can Someone Sue You For A Car Accident If You Have Insurance

Can Someone Sue You For A Car Accident If You Have Insurance

December 7, 2020 by Martins Leave a Comment

Can Someone Sue You For A Car Accident If You Have Insurance

Can Someone Sue You For A Car Accident If You Have Insurance? Reasons For Car Accident Lawsuit.

Most people always ask one question if they are vulnerable to a lawsuit despite having insurance. Well, the answer is concise and straightforward; YES, even if you have insurance coverage, it is still very possible for a person to sue you. You can get sued for an accident if you are the cause of the accident and if the other party suffered some injuries and damages. However, if you have insurance, there isn’t so much need to worry about all that because having liability coverage means being able to afford a lawyer representing you. Your case can also get referred to as personal injury or property damage coverage.

In so many cases, having car insurance helps protect you from a lawsuit because your insurance would cover up payment for legal expenses if you are at fault and get sued for a car accident. There are quite a couple of exceptions that can get taken in this context, but there are so many reasons why a person wants to sue you for injuries and damages suffered. However, there are common reasons why there would be a need for a car accident lawsuit, and below are some reasons.

Can Someone Sue You For A Car Accident If You Have Insurance

can someone sue you for a car accident if you have insurance

Reasons For Car Accident Lawsuit

No insurance

If you do not have insurance coverage at the time of the accident, then the other party gets left with no choice but to sue you. Suing you is one way to pay for injuries and damages and recovering costs, and this situation right here is a common one. 

Inadequate Insurance Coverage

The case might be you have insurance coverage, but you can still get sued if your insurance isn’t enough. In some states, there are low minimums for liability. For example, you get involved in a car accident where you have to pay fifty thousand dollars for bodily injuries and twenty-five thousand dollars for property damage. What you have on your insurance is fifty-two thousand, nine hundred for an average claim.

Here, you can see that your insurance coverage would not provide you with the level of protection you desire. When damages exceed your insurance limit, suing for recovering is what the other party has to do to you.

If The Process Takes Too Long

This can also lead to a lawsuit if there are delays when filing the claims process. There is a statute of limitations in every state, implying how long it can take before a person can hit you with a lawsuit. Therefore, if an insurance claim takes so much time, then the other driver, the defendant, might be forced to file a lawsuit against you to put you under more pressure to hurry up with the process.

By doing this, the clock of the statute of limitations gets stopped, and it means that the defendant might sue you just in case, regardless of the insurance company, to handle the claims.

Now, you get involved in a car accident where you are clearly at fault for the accident, and the other driver is suing you for damages; what do you think is the next step for you to take. Well, the answer to this question is also straightforward and precise; consult with an experienced attorney. Even though this option might sound a bit costly, it will help you with your case, and having an attorney that is quite familiar with the rules set in the state would also save you in the long run.

When you get sued for a car accident, part of your insurance company’s role is providing you with a lawyer. It is widespread for your insurer to provide you with a lawyer that will defend you in court, but there are also some exceptions to why your insurer would not provide you with a lawyer to help support your case.

This could be if you fail to notify them about the accident when it happened, if the damages you are being sued for having exceeded the limits in your insurance policy, also if the cause of the accident by you was an intentional act.

Filed Under: Insurance Claims

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