Car Accident Liability

The physical and emotional results of car accidents are well-known. People know they can sue for their medical expenses and other costs, but there are other possible legal claims available after a motor vehicle accident.

Depending on the nature of the accident, available insurance claims range from personal injury claims to product liability. Not every accident has the full range of alternatives open to every claimant. In any car accident lawsuit, plaintiffs should keep all avenues in mind when beginning the claims process.

After a car accident, it’s a good idea to consult a personal injury attorney to protect your legal rights and ensure a fair settlement. FindLaw’s section on Car Accidents can give you an idea of what to ask your attorney when you get there and what they’ll need to know.

Beginning Your Case

All car accident cases begin when the involved drivers file their insurance claims. Depending on your state, you’ll either file with your own insurance company or the other driver’s insurance company. In some cases, you cannot begin legal action until the insurance company makes an initial settlement offer, handles the claim in bad faith, or denies your claim.

When a car accident happens, there are certain things you should do regardless of who was at fault. One of these things is documenting the accident. Documenting the accident can help ensure you are fairly compensated later on.

Types of Car Accident Claims

After an accident, you have options about how to proceed with your claim. In a no-fault state, you file with your own insurance company. If the damages exceed a certain statutory dollar amount, you may file a claim against the other driver. In an at-fault state, drivers file their claims with the other driver’s car insurance company.

Personal Injury Claims

A personal injury claim is a common reason for filing a lawsuit after an auto accident. A personal injury claim pays for the medical care and lost wages that the victim’s own insurance does not cover.

Personal injury claims are designed to make the victim whole, which means the way they were before the accident occurred. The purpose of a claim is to provide fair compensation for the victim’s injuries and other losses. Losses in a personal injury claim include:

• Medical expenses
• Lost income
• Future medical treatment and loss of earning capacity

Economic damages are calculated from invoices and other financial documents. Courts use medical records, doctors’ reports, and other items as a basis for the award.

Personal injury claims can also include non-economic damages. Courts have developed ways to calculate fair payment for pain and suffering, disfigurement, or emotional distress.

Not all personal injury claims get non-economic damage awards. Courts award them for serious injuries or those with life-altering outcomes. In some states, such as California, uninsured motorists cannot receive non-economic damages, even if they are not at fault.

Wrongful Death

A wrongful death is any fatality due to another person’s negligence or misconduct. In a wrongful death lawsuit, family members can sue for themselves and on behalf of the deceased person (“decedent”).

In many states, there are limits on who may file a wrongful death suit. In New York, only the decedent’s personal representative can file the suit. In other states, a spouse or the victim’s children may sue. Car accident victims should consult an attorney about wrongful death suits before filing, since the restrictions differ from other lawsuits.

Property Damage

In addition to personal injuries, you can claim property damage for your car. Property damage is a financial loss categorized as economic damages.

In many states, the statute of limitations for property damage is different than that for personal injury claims. The statute for personal injury claims is as little as two years in some jurisdictions. Property damage statutes range from two to three years or more. At 10 years, Rhode Island has the longest state statute of limitations for property damage.

In a property damage claim, your requests depend on the damage to your vehicle. The insurance adjuster from your company or the at-fault driver’s insurance company will assess the damages and either declare the car a total loss or provide an estimate for the repair.

The estimate should include:

• The cost of the repairs or the depreciated replacement value
• Cost of a rental car during the repair

You have the right to request an independent or second estimate after an accident. If you feel confused or out of your depth at any point during this process, consider speaking with a car accident attorney.

Hit-and-Run Accidents

Whenever a driver leaves the scene of an accident without exchanging contact information and insurance information with the other driver, it becomes a hit-and-run crime. Even if there is no damage or injuries, drivers must at least stop and give one another proof of insurance coverage.

Leaving the scene of an accident is a criminal offense in most states. Law enforcement can charge you with a felony if there were injuries or deaths. If you are the victim of a hit and run, you should review your insurance policy and consult an attorney for your legal options.

In most states, uninsured/underinsured motorist coverage (UM/UIM) coverage will pay some compensation for hit-and-run accidents. Your insurance company must offer you UM/UIM coverage when you buy auto insurance. This insurance pays coverage if the other driver lacks insurance. It also pays for victims of hit-and-run accidents.

Your policy may have limits and special requirements. Contact your insurance company after a hit and run if you have any questions.

Comparative Negligence

Whenever you file a car accident claim, it helps to understand your state’s comparative negligence laws. Comparative negligence refers to how courts divide fault in an accident, which affects the payment of car accident settlements.

Even if one driver caused the accident, the law and insurance companies often determine that the other driver probably could have done something to reduce their personal or vehicle damage. For this reason, courts and insurance companies use comparative negligence to allocate fault after a crash.

Most states use modified comparative negligence. If you are more than 50% at fault, you cannot collect damages. About a third of states use pure comparative negligence. In these states, you can collect damages regardless of your percentage of fault. In all cases, the percentage of fault reduces the amount of recovery.

Four states (Alabama, Maryland, North Carolina, and Virginia) and the District of Columbia use contributory negligence. Under this standard, someone who is 1% at fault cannot recover damages after an accident.

Get Legal Advice From a Personal Injury Lawyer

Getting compensation for a car accident injury is not as simple as filing a claim and waiting for a check. If you had a serious accident or were the victim of a hit and run, getting legal assistance from a personal injury attorney is a good idea. A local attorney will know the state laws that affect your claim and can answer your questions about your case.