Can Someone Sue You if You Have Car Insurance
Even if you are insured, the other driver may come after you with a lawsuit for injuries or damage caused by a car accident.
If you have insurance, liability coverage, also known as personal injury and property damage coverage, can cover legal costs, so legal action may not be so much of an issue.
However, let’s look at some of the reasons a car accident can lead to litigation.
The most common reasons for a car accident case
The driver has no insurance
This is one of the most common cases that lawyers see.
Surprisingly, according to the Insurance Research Council (IRC), despite the laws that compel the purchase of auto insurance, many people still drive unsafely. The IRC estimates that in 2014, nearly 13% of motorists – about one in eight drivers – were uninsured.
However, if you are unsafe and you are involved in an accident that causes damage or injury to the other driver and their property, the driver has no choice but to sue you for costs.
Driver insurance is not enough
Sometimes, car owners have insurance, but it is less than the cost of the damage and injuries they have suffered.
If your insurance is not enough, it can be sued.
This is not uncommon as most states have a minimum amount of liability, in fact, most of us expect not to need this coverage, which is usually around $ 25,000 for property damage and $ 50,000 for bodily injury, to be honest policy.com according to the.
So if the claim for physical injury is $ 52,900 and the other driver’s insurance coverage is $ 50,000, the victim may have no choice but to sue the wrong driver to recover the balance.
The driver takes longer to respond
The reason someone may choose to sue a driver is to speed up the process.
Sometimes, if it takes too long for insurance claims, a driver can file a lawsuit to influence the other party.
They can also do this simply as a precaution.
Each state has different statute of limitations, which define the length of time an individual must be prosecuted before being barred from doing so.
However, once a case is filed it pauses the clock on the statute of limitations, so occasionally a driver will do this “at the right time” they hope but the insurance will take care of it and the case will be able to. Should be clear.
General insurance coverage after a car accident
If a driver is injured in a car accident, it can have a devastating effect on other areas of their lives.
Of course, there are non-economic damages such as surgery, hospitalization, injury that may require treatment and medication, as well as recovery time, emotional impact and impact on their daily lives.
However, due to the minimum coverage requirements in many states, it is common for a victim to exceed the loss insurance limit, as significant medical, property damage and other costs are often unpaid.
In addition, if there are several victims in an accident, the losses will be even higher and the minimum coverage will be easily exceeded.
Reasons for a case
The injured person can be prosecuted for a number of reasons.
For example, the victim may incur unpaid losses beyond the other person’s insurance policy, which means that they may have to sue to recover the remaining costs of the damage.
Similarly, if the other driver is uninsured, the only option for the victim is to sue the injured person.
As we have said before, the Constitution on Restrictions can also pause and file a lawsuit to put pressure on the other party.
For the above reasons, if you can afford it, it is a good idea to buy more insurance than the minimum requirement. This gives you more protection when you are in an accident and the other person is seriously injured.
If my personal injury claims are settled with the “guilty” driver insurance company, I can still sue the driver who caused the accident.
This is not true, because the whole point of claiming personal injury is to close the case. Therefore, when settling a claim, you must sign a release. The release means that you are prevented from filing further claims against the other driver.
“Guilt” driver insurance should cover my lost wages and medical bills when they arise.
Again, not true.
Your current medical bills or lost pay insurer will only be paid by the insurer if this is part of the settlement or if a jury finds that the driver has been negligent and gives a judgment against them.
If I do not settle my claim with their insurance company, I can sue the “wrong” driver’s insurance company.
This is also not true, because you can only sue the person responsible for the crash. If you are suing someone and he has insurance, their insurance company will hire a lawyer to represent and advise them.