{"id":353052,"date":"2016-04-04T10:46:35","date_gmt":"2016-04-04T15:46:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/car-accidents\/car-who-is-liable.html"},"modified":"2025-09-25T10:46:25","modified_gmt":"2025-09-25T15:46:25","slug":"car-who-is-liable","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/car-accidents\/car-who-is-liable.html","title":{"rendered":"Car Accident Liability"},"content":{"rendered":"\n
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Car Accident Liability<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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A car accident claim<\/span> is a legal demand for compensation for losses resulting from a collision caused by another party’s negligence or fault. These claims can cover various damages that include personal injury<\/span>, property damage<\/span> to a vehicle, and in fatal accidents, wrongful death<\/span>.<\/p>\n\n <\/div>\n\n\n\n

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

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

After a car accident, it\u2019s a good idea to consult a personal injury<\/span> attorney<\/span> to protect your legal rights<\/span> and ensure a fair settlement<\/span>. FindLaw\u2019s section on Car Accidents<\/a> can give you an idea of what to ask your attorney when you get there and what they\u2019ll need to know.<\/p>\n

Beginning Your Case<\/strong><\/h2>\n

All car accident cases<\/span> begin<\/a> when the involved drivers file their insurance claims<\/span>. Depending on your state, you\u2019ll either file with your own <\/span>insurance<\/span> company<\/span> or the other driver\u2019s <\/span>insurance company<\/span>. In some cases, you cannot begin legal action until the insurance company<\/span> makes an initial settlement offer<\/span>, handles the claim in bad faith, or denies your claim.<\/p>\n

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.<\/p>\n

Types of Car Accident Claims<\/span><\/strong><\/h2>\n

After an accident, you have options about how to proceed with your claim. In a no-fault state, you file with your own <\/span>insurance<\/span> company<\/span>. 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\u2019s car <\/span>insurance<\/span> company<\/span>.<\/p>\n

Personal Injury<\/span> Claims<\/span><\/strong><\/h3>\n

A personal injury<\/span> claim<\/span><\/a> is a common reason for filing a lawsuit after an auto accident<\/span>. A personal injury<\/span> claim<\/span> pays for the medical care<\/span> and lost wages<\/span> that the victim\u2019s own insurance<\/span> does not cover.<\/p>\n

Personal injury<\/span> claims<\/span> 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<\/span> for the victim\u2019s injuries and other losses. Losses in a personal injury<\/span> claim<\/span> include:<\/p>\n