Determining who you should sue after getting involved in a car accident is a common occurrence nowadays. Individuals who are not well informed about a lawsuit process might find it confusing to sue a driver or the insurance company.
Imagine a scenario where a reckless driver crashed into your car while you stopped obeying the traffic red light. It is evident the other driver wasn’t paying attention to the traffic lights, and now your vehicle has suffered some damages or even stand the risk of being totaled. It would help if you weren’t held responsible for this accident or the injuries you have suffered.
In this case, who do you sue becomes a challenging question, and what steps do you need to take first also becomes another thing of worry. Our “car accident, sue driver or insurance company” guide will address these questions and more.
All car accidents do not have the same scenario because different scenarios require different plans to yield different outcomes. If you want to know about car accidents and your personal needs, you will need to consult with an experienced attorney. The attorney’s initial role, in this case, will be to help you determine who is liable for the accident.
Car Accident, Sue Driver Or Insurance Company
First and foremost, it will help if you can find out and prove who should be held responsible for an accident. Identifying who is at fault for an accident will include gathering witness statements, eyewitness reports, and, most importantly, obtaining a police report.
All of the evidence is essential in proving your innocence, and this will also cause the at-fault driver’s insurance company not to argue or avoid paying for damages. Consulting with an attorney will be of great help as they will do all the necessary work to ensure you get compensated adequately.
Negotiating With The Insurance Company
Before going ahead to sue anybody, you should consider settling the case out of court. You will need to hire an attorney that would advocate for your rights and oversee every form of negotiation between you and the insurance company. An experienced attorney will handle all of these, so you can get the compensation that you deserve.
If it comes down to filing a lawsuit, you will also need a lawyer to represent you in court. While negotiations are ongoing, your lawyer will collect more evidence that will help back up your claim against the at-fault driver.
The evidence your attorney will present will be based on pain and suffering, missed time from work, miscellaneous expenses, treatments, and the cost of medical bills. The above-mentioned evidence will be totaled to make a large sum that the insurance company will table before you as the initial settlement offer.
Like in every insurance case, the first settlement will not be accepted, and negotiations will continue. It would help if you allowed your attorney to continue with his job of getting you the compensation that you deserve.
If Driver Doesn’t Have Insurance
For instance, the driver that crashed your car doesn’t have insurance coverage; things can get trickier. Driving without insurance is illegal and considered a serious offense, but there is something else that you should be worried about.
It would be best if you were worried that the uninsured driver has no way of paying for the damages you and your car have suffered. You can go ahead and sue the driver, but if the driver doesn’t have car insurance, then he is likely not to have money to pay for your injuries and damages.
If you have car insurance, then the bills will fall on your insurance company since you have an uninsured motorist clause as part of your insurance policy. The truth is getting your insurance company to pay isn’t a good option, and this is why all drivers need to have car insurance when driving on roads.
In conclusion, settling a car accident case out of court remains the best option. If filing a lawsuit is necessary, you can go ahead and file your lawsuit against the at-fault driver, but his insurance company will handle all of the bills.