Can Someone Sue You for a Car Accident if You Have Insurance?

You’ve probably heard the advice that you should take pictures of the accident scene if you’ve been involved in an auto collision. One of the reasons for this is that you could be sued for a car accident even if you have car insurance. You may need to legally defend yourself despite holding insurance coverage.

Therefore, take photos from multiple angles, including the damage to both vehicles, the position of the vehicles, and any tire marks, broken pieces, or other evidence. Make a note of the road conditions and traffic.

Report the accident to the police immediately so they can file a police report. This report will be important for your insurance claim. Finally, it’s important to retain a car accident lawyer if someone sues you for a car accident if you have insurance.

You may be wondering: “Do I have to report an accident to my insurance?” Yes, you do.

Read on for all the details about auto accident lawsuits, car accident cases, and what role your insurance company will play in helping you.

When Can Someone Sue You for a Car Accident Lawsuit?

A cause of action is a legal reason someone gives to seek compensation for injuries and harm, often leading to a car accident lawsuit. A cause of action gives the injured person the right to sue you. There are several reasons someone might take this step.

Excessive Negligence and Reckless Driving

If you drove in a careless manner, broke traffic laws, were texting while driving or under the influence and caused injury, your negligence is a cause of action. This could lead to a personal injury lawsuit if insurance claims do not sufficiently cover the damages.

Liability Disputes

Your insurance company may argue that the other driver also bears some degree of fault for the accident. When this happens, the other driver may file a lawsuit (sue you in court) to determine percentage of fault, which is a common aspect of car accident lawsuits.

Insufficient Coverage

If the value of the damages you owe goes past the amount of your insurance coverage and you have assets (a bank account, for example), you could get sued. What happens if you get insurance after an accident? That policy will not cover the accident, leaving you responsible for costs such as medical expenses, property damage, and lost wages.

Wrongful Death

If the car accident causes someone’s wrongful death, you may get sued by the deceased person’s surviving family members, such as their spouse, children, or parents. These individuals have a legal right to file a wrongful death lawsuit if your actions while driving can be proved to have been negligent.

They will look to recover damages related to outstanding medical expenses, funeral costs, loss of financial support, and loss of companionship. The damages amount in this case will likely exceed your car insurance policy limits. Talk to a lawyer.

Car Accident Insurance Info You Should Gather

After car accidents, information is your friend. Get the names, addresses, and phone numbers of all people involved. This includes drivers, passengers, and witnesses. Ask for the other driver’s insurance policy number and agent name if possible.

Inform your own insurance company that an accident occurred. Review your policy limits when you are able and find out from your agent what the next steps will be.

Which Insurance Do You Call?

Again, call your own insurance company. And do it right away.

If your actions resulted in injuring someone in an auto accident, your insurance policy will most likely cover the liabilities up to your policy limit. It may be the case that your insurance company pays and you won’t get sued, so start by working with them to get everything settled.

Consulting with an experienced attorney can also help navigate any legal hurdles and raise your chances of fair compensation.

What Happens if Someone Sues You for More Than Your Insurance Covers?

Follow the advice of your insurance company. If they won’t help you or respond in a timely manner, retain an experienced car accident attorney to protect your rights and defend you. They will help collect evidence supporting a lower damages amount. This could be anything that shows you are not responsible for the damages they seek or are only responsible for part of it.

Examples of this type of evidence include pictures, estimates for the repair or replacement of the other driver’s vehicle, witness statements, police reports, insurance claims and investigations.

The Legal Process After a Car Accident if You Have Insurance

If you have liability insurance and you are involved in a car accident, notify your insurance company. Every company requires immediate (or as soon as possible) notification of a claim or a potential claim.

Next, your insurance company will investigate. They’ll review the accident report, gather evidence, and decide who was at-fault.

The car accident lawsuit process is complex and multifaceted, involving stages such as filing a legal complaint, discovery, and potentially going to trial. Having an experienced attorney is crucial to guide you through the intricacies, manage expectations regarding timelines, and navigate legal hurdles while focusing on recovery.

If the accident was your fault, your auto insurance company will attempt to work out a settlement with the injured party suing you. A lawsuit may be filed to determine what percentage of fault each party holds and the appropriate damages settlement amount.

IMPORTANT: Almost every insurance policy has a provision that says the company will defend you in the event of a lawsuit. (This means that the insurance company will hire and pay for a lawyer.) This lawyer will represent you and report to the insurance company.

If the company is not going to defend you, you will need to hire your own attorney.

Find an Experienced Car Accident Attorney to Cover Your Car Accident Claim

Auto accident lawsuits are common, and most car accident cases typically take about a year or more to resolve. But that doesn’t mean you have to go it alone. If you are facing auto accident litigation, it is time to reach out to a skilled attorney in your area.

You may even be able to sue the plaintiff back if you feel like the plaintiff caused you damages as well. In some cases, you can lose the right to sue them later if you do not do it in the same lawsuit. This is why expert legal advocacy is so important. Be sure to take action before your state’s statute of limitations expires. File as soon as possible while working with an expert attorney.

If you have trouble finding local, reliable representation, LegalASAP’s 500+ law firms around the United States are ready to help. If you’re ready to reach out, call 888-927-3080 or fill out this short evaluation form below: