Who Do I Sue After a Car Accident?

If you were in an auto accident and weren’t the at-fault party, you probably have many questions. In a best-case scenario, the insurance company pays your claim, which means you won’t need to pursue legal action. When the insurance adjuster denies your claim or the other driver doesn’t have insurance, a personal injury claim may be your best option.

Who exactly do you sue after a serious car crash? This article examines this question and explains your legal options. It also discusses the types of damages you can demand after your accident.

If you still have questions about your car accident case or want to know if you have a valid claim, contact a local car accident lawyer or personal injury attorney for legal advice. They can explain how local rules apply to your unique circumstances.

Reasons an Insurance Company May Deny Your Car Accident Claim

If your accident is minor, the insurance carrier will likely pay your insurance claim. It may be more costly to fight your claim than to settle it. However, if you suffer serious injuries in your car crash, the insurance company may deny your claim.

There are several reasons why this may happen, including:

• The insurance adjuster believes you were the at-fault driver
• You have a history of filing car insurance claims
• You waited too long to file a claim
• The insurance company believes you are exaggerating your injuries or financial losses
• The insurance carrier cancelled the at-fault party’s insurance policy for non-payment
• The insurance adjuster thinks they can settle your claim for much less than the full amount

If the insurance company denies your claim, you can file an appeal. The same people who denied your claim will be the ones handling your appeal, so keep your expectations low. The best course of action may be to file a lawsuit against the other driver.

In most states, you cannot sue the insurance company. Instead, you must pursue the other driver. If you do file a personal injury lawsuit, the insurance carrier must represent the other driver in court.

When the Other Driver Doesn’t Have Insurance

If the at-fault party is an uninsured driver, you have two options. You can either sue them or file a claim with your own insurance company under your uninsured/underinsured motorist policy.

If you decide to sue the driver, keep in mind that drivers who don’t have an auto insurance policy may lack significant assets as well. Even if you win your lawsuit, you may never see that money.

Filing a claim with your own insurance company may be the better option. While there is no guarantee your underinsured motorist coverage will pay your total claim, it is better than receiving nothing.

Potential Defendants in Your Car Accident Lawsuit

If the insurance adjuster denies your claim or only pays part of it, you have two choices. You can accept their decision, or you can sue the other driver directly. If you choose to take legal action, you must decide who you want to name in your lawsuit.

As part of the legal process, you must name the defendants in your initial complaint. Who you sue after a car crash depends on many factors, including:

• Your state’s liability laws
• Whether the other driver has auto insurance
• Whether you were partially at fault for your accident
• The type of insurance coverage the other driver carries
• Whether your car accident involved more than one other vehicle
• Whether you were a driver or a passenger at the time of the accident
• Other factors relevant to your specific case

In most car accident cases, the victim sues the other driver(s) involved in the motor vehicle accident. There may be instances where you may need to name a third party. If the person who caused your crash was drunk driving, you may have a claim against the owners of the bar or restaurant who served them alcohol. This will depend on the dramshop laws in your state.

Who Do I Sue After a Fatal Car Accident?

Some car accidents result in serious physical injuries or death. If your loved one dies as a result of a car accident, you may have a claim for wrongful death. Whether you have standing to sue depends on the laws of your state. Only certain family members, such as a spouse, children, or parent, can file these claims.

A personal injury lawyer can explain how to file a wrongful death lawsuit against the other driver. They’ll also fight to get you the compensation your family deserves.

Determining Fault for Your Auto Accident

The first thing you and your attorney must determine is who caused the car crash. If your collision only involved one other motorist, there is a good chance they are liable for your accident injuries. If you were involved in a multi-car accident, you would want to name everybody who contributed to the crash in your complaint.

While it’s essential to determine the other drivers’ culpability, you must also assess your own level of fault. If you were partially at fault for the crash, it will impact your ability to collect damages from the other parties.

Whether you still receive compensation in a personal injury lawsuit will depend on your state’s negligence laws. Most states allow a plaintiff to collect damages even if they were partly at fault for the accident. In many jurisdictions, the amount you recover is reduced by whatever percentage the court finds you were at fault. This is called comparative negligence.

Some states follow a modified comparative negligence rule. This means that you can recover even if you were partially at fault, but only up to a certain threshold (usually around 50%). However, a handful of states follow a pure contributory negligence rule that prohibits you from collecting damages if you were even 1% at fault.

Due to the complexity involved, consider meeting with an experienced car accident attorney before filing your lawsuit in the civil court. They’ll provide a case review and explain your state’s laws on comparative negligence. They’ll also help you gather evidence to prove the other driver’s negligence if your case goes to trial.

Available Damages in a Personal Injury Lawsuit?

The whole point of filing a car accident lawsuit is to recover compensation for your injuries. When you file your personal injury claim, you must include a demand for damages, outline how much money you feel you deserve, and provide a justification for each type of damages you claim.

In most personal injury cases, an accident victim can expect to receive some or all of the following types of damages:

• Medical bills
• Future medical treatment
• Lost wages
• Lost future income
• Emotional distress
• Pain and suffering

Since most car accident lawsuits settle out of court, there is a strong likelihood that you’ll receive less than your full demand. Just know that your attorney will not encourage you to accept a settlement that doesn’t at least cover your out-of-pocket expenses.

Seek Legal Representation for Your Car Accident Lawsuit

The best way to protect your legal rights after an accident is to retain an experienced car accident attorney to represent you. If the other driver’s insurance carrier doesn’t pay your claim, you may have no choice but to sue the other driver. This can be a daunting experience if you aren’t familiar with the law and your local court rules.

Contact a local car accident lawyer today to schedule your free case evaluation. Your attorney will review your case and let you know how best to proceed. They’ll also answer any questions you have about your car accident case.