Can I Sue for a Car Accident?

A car accident, even a minor one, can be a confusing and stressful experience. You might be wondering if you can take legal action for your injuries, damage to your car, or the emotional toll you’ve endured. The good news is that you generally can. But you may not always need or want to. In some cases, an insurance settlement may adequately cover your losses.

However, every car accident case is unique. And state law governs in many of the relevant areas. As a result, it’s often recommended to connect with a car accident attorney licensed in your state even after a minor collision. They can review evidence from the incident and help you understand your various options. They can also negotiate with insurance companies to secure the best possible settlement. That way, you can make an informed decision about whether to proceed with a lawsuit.

In the meantime, we’ll explore several considerations you’ll want to keep in mind after a motor vehicle collision. We’ll also discuss the insurance companies’ role and some important steps you’ll want to take to preserve your legal rights.

Let’s start with the basics.

Can You Sue After a Minor Car Accident?

Generally, yes. If you’ve been in a car accident and suffered physical injuries, property damage, or emotional distress, you can usually pursue a car accident or personal injury lawsuit.

Even if the accident seems minor, the impact on your life can be significant. The main purpose of a lawsuit is to seek compensation for your losses from either the at-fault party or their insurance company.

Typically, you’ll file an insurance claim first and try to resolve the matter without going to court. If you can’t reach a fair settlement with the at-fault driver‘s insurance company, you may want to proceed with a lawsuit.

Types of Damages You Can Claim

Whether you’re suing or pursuing a car accident claim with insurance, you can seek compensation for economic and non-economic losses. We explore some of the main types of damages claimed by car accident victims below.

Medical Expenses

These are all the costs of medical treatment related to your car accident injuries. This may include medical bills for:

• Ambulance charges
• Doctor/hospital visits
• Prescriptions
• Physical therapy
• Future medical care

Medical costs can add up quickly, even for minor car accidents.

Lost Wages/Lost Income

If your injuries prevent you from working, you can claim compensation for lost wages or lost income. This includes both current and future earnings that you miss out on during your recovery from the accident.

Property Damage

This refers to the cost of repairing or replacing your motor vehicle. It also includes personal property damaged in the car crash, like a phone or car seat.

Pain and Suffering

These non-economic damages represent the physical discomfort and emotional distress you experienced due to the accident. Beyond physical pain, the psychological impact of a car accident can be significant. This may manifest in various ways, including anxiety, fear, and sleep difficulties.

It’s not always easy to put a price on pain and suffering, but an experienced car accident or personal injury lawyer can help you determine a fair amount.

In rare and severe cases, a wrongful death claim may be available if someone loses a loved one in a crash. For the purposes of our discussion here, however, we’ll maintain our focus on minor accidents.

Insurance Coverage

When it comes to accidents, car insurance plays a significant role. All states except New Hampshire require motorists to have a minimum amount of liability insurance. This type of insurance pays for damages to others in an accident.

Some states also mandate:

• Personal Injury Protection (PIP) coverage: Pays medical expenses and lost wages for you and your passengers
• Uninsured/Underinsured Motorist (UM/UIM) coverage: Protects you if you’re hit by a driver with little or no insurance

Additionally, insurance policy limits dictate the maximum amount an insurance company will pay out for a claim. If your damages exceed these limits, filing a lawsuit to recover the remaining amounts may be necessary.

Insured vs. Uninsured

Whether you or the other driver is insured or uninsured may affect your ability to recover damages after an accident. Below, we briefly examine a few ways this might play out.

Both Drivers Are Insured

This is usually the most straightforward scenario. After a car accident, you’ll typically file an insurance claim with your own insurance company. But the at-fault driver‘s insurance policy should cover the damages, up to their policy limits. This often includes medical bills, car accident injuries, and property damage.

Uninsured At-Fault Driver

This can make things more complicated. If you have a UM/UIM insurance policy, your insurance company may cover your damages.

But if you don’t have this coverage or if it doesn’t cover your damages, you will likely want to discuss suing the driver with an attorney.

You’re Uninsured

If you don’t have insurance and were in an accident caused by an insured driver, their liability insurance will likely still cover your damages up to policy limits.

Depending on state law, however, your options for recovery in a lawsuit may be limited.

Comparative Negligence

Whether you’re seeking to recover damages from an insurance policy or a lawsuit, you’ll want to know whether your state follows comparative negligence laws.

In states that do, your compensation might be reduced if you’re partially at fault for the accident. A few states still follow “pure contributory negligence” rules, which can completely bar recovery if the plaintiff is even slightly at fault.

An experienced attorney can help you understand if and how these rules apply to your case.

Statute of Limitations

The states also set deadlines for filing a personal injury or car accident lawsuit. If you miss this deadline, you may not be able to bring a lawsuit. These statutes of limitations vary by state. But they typically give you between two and three years.

In some states, the clock can begin running from the date of the accident or from the date of discovery of an injury. So, you’ll want to consult an attorney sooner rather than later to preserve your options.

Immediate Steps

Right after an accident, you’ll also want to take a few measures to protect yourself. They include the following:

Police Report

First, call 911 and get a police report. Even for a minor car crash, a police report helps document fault, location, and witnesses.

Seek Medical Treatment

This may be tempting to put off, especially because some injuries appear days later. Still, prompt medical care creates a record that can be linked with later symptoms related to the crash. This is often essential for a personal injury claim and can be invaluable for recovering medical expenses later.

Gather Evidence

Take photos of the scene, vehicular damage, road conditions, and any visible injuries. Get contact information from witnesses. You’ll also want the at-fault driver’s information, including their phone number, driver’s license, and insurance information.

Start an Insurance Claim

Even if you know you want to sue, report the auto accident to your insurance company so they can begin the claims process. Typically, your insurer will begin the process of dealing with the at-fault driver’s insurer.

Start Keeping Records

Save receipts and track all financial losses. Begin maintaining records of all your expenses related to the accident.

Getting Legal Advice

Navigating the aftermath of a car accident can be overwhelming, especially when dealing with injuries and insurance companies. This is where a skilled car accident or personal injury attorney can be invaluable. While you may not need legal representation, consulting with an attorney right after an accident is the best way to ensure your rights are protected.

Many legal advisors offer a free case evaluation or case review. This allows you to discuss the details of your accident with them confidentially. Depending on the specifics, they may be able to help you avoid a lawsuit by negotiating a strong settlement with the auto insurance company. Either way, they can help you understand the complete range of legal options available to you as well as the legal processes involved. That way, you can determine the best way to proceed.

FindLaw’s directory of car accident lawyers can get you started. Just click on your state, then city, to connect with local experts. You can review ratings and background information for advisors in your area.

Whether you’re inclined to pursue an insurance claim, a car accident/personal injury case, or both, give yourself the gift of legal guidance. You’ll be glad you did.