How to Sue After a Car Accident

If you’ve been involved in a car accident, you probably have a lot of questions, especially if you suffered from any injuries or your vehicle was damaged. If the other driver was clearly at fault, you can get compensation for damages, but of course, if you were at fault, you (and your insurance company) will be responsible for covering any costs involved.

Human error is cited as the cause for nearly all car accidents, 94 percent according to the National Highway Traffic Safety Administration. But which human was at fault isn't always that cut and dried. If liability is in question, hiring one of the top car accident lawyers is the best way to determine fault, and if you're entitled, compensation for damages. Most injured motorists file a claim with the other party's insurance company and then negotiate from there, but if the other side doesn't come to the table with a fair offer, you may need to sue.

Exactly who to sue depends on multiple factors, like the other driver's insurance coverage and the particular state in which you live. Many states don't allow individuals to sue the car insurance company directly, so the driver is sued and their insurance coverage will help them pay for the damages caused. No matter where you live, in general, this is how you'll get the ball rolling so that you can get the compensation you deserve.

Hire a Lawyer

If you're going to be suing an insurance company, which will have multiple professional, highly experienced attorneys on its team, you'll want to hire a good lawyer first. Try to get recommendations from friends, family or co-workers, or check online to get a shortlist of names and perform thorough research, checking reviews and contacting the American Bar Association to ensure the lawyer is licensed to practice and in good standing. Next set up consultations with the attorneys who seem to be the best fit to discuss your case, any fees that may be involved and determine how well you mesh personality-wise.

Suing or Settling?

Once you have a lawyer on your side, it's possible that the insurance company will come up with a better offer based on all the evidence that is gathered. You'll want to have as much proof as possible, from medical records to medical bills. If your attorney thinks that the damages are worth significantly more than what the insurer offers and that the offer is unlikely to be increased during pre-suit injury settlement negotiations, a lawsuit will probably be necessary. Your attorney's opinion is key to deciding if a lawsuit is the right move for your situation - this person will also be able to consider prior settlements and jury verdict amounts in similar cases, something that's essential for valuing a case accurately.

Filing a Complaint

After you've hired a lawyer, the lawsuit will officially begin with a filing of the complaint, or petition, as it's referred to in some states. The document is filed with the court by your attorney and typically includes details as to what happened, damages that will be claimed and the legal basis for bringing the lawsuit. The defendant will respond, admitting or denying the allegations in the complaint, and set forth any legal defenses.

The Process

After the lawsuit is officially filed, there will be a "discovery" period with each side requesting and exchanging information that may serve as potential evidence if it goes to trial. If an agreeable settlement isn't made, a trial will occur to determine fault and award damages, if any. While it's rare, if either the plaintiff or defendant are not happy with the result, an appeal is possible.

This article does not necessarily reflect the opinions of the editors or management of EconoTimes.