Am I Protected From a Lawsuit After a Car Accident With Insurance?

No one wants to wind up dealing with the consequences of a serious vehicle accident, but there may be a civil claim against you if another party in the accident believes that you were at fault. It is very important for you to gather evidence at the scene of this incident to do everything possible to protect yourself.

You may be wondering; can someone sue you for a car accident if you have insurance. The point of carrying car insurance is not just to meet legal requirements but also to ensure that you have someone to assist with paying for a claim if and when one arises. 

Bear in mind that everything about your policy is subject to specific policy limits and the rules inside your policy itself. You'll want to consult with a knowledgeable personal injury attorney as soon as possible. The knowledgeable attorneys at Morgan & Morgan have helped many personal injury victims to prepare cases like this and to move forward with their lives effectively.

Understanding the Basics of Insurance

When you get into a vehicle accident, you need to notify your insurance company as soon as possible. This helps your insurance adjuster gather information that can be used to help move forward with your claim. Bear in mind that your insurance company may not be there to fully represent your interests and to ensure that you receive maximum compensation. 

Each adjuster approaches this process differently and not all insurance companies are created equal. This means that you may face challenges when filing a personal injury claim and attempting to recover compensation. Even if you have policy limits and another party involved in an accident pushes up against those policy limits, you need to understand that car insurance is not comprehensive protection against vehicle accidents. 

It does not block you from being sued for a car accident. There are many different circumstances that may leave you open to certain kinds of liability, such as if the other party in the accident suffered devastating injuries or if you fail to report the accident. In some cases, insurance coverage may provide you with a lawyer to assist you with your defense. But you'll always want to review the specifics of your individual policy.

What if I Failed to Report an Accident?

If you or someone else is seriously hurt at the scene of an accident, or you notice that your vehicle, another vehicle or someone else's property have been significantly damaged, you need to report the accident. 

Various state laws require you to report accidents in different circumstances, and it is always better to err on the side of caution and to notify the police about an accident. These laws may vary from one state to another, so it is important to reach out to the police especially if you're traveling in a state that you don't normally drive in and get involved in an accident. 

Since it can be very difficult to gauge the severity of property damage or injuries at the scene, file a police report and get a copy of it as this information may also become valuable to you later on if you need to file an insurance claim. 

One of the potential problems associated with not getting an accident report is that you could be sued for a car accident even if you are carrying appropriate insurance. Your insurance company probably has language inside the policy contract stating that they will be able to help you with claims only when you keep them informed. If you take too long to notify your insurance company about the accident. They may not be required to cover your accident expenses, which means that another party in the accident may be able to sue you directly. In those cases, your insurance carrier may not be required to give you a lawyer for the lawsuit either.

What if I Didn't Have Sufficient Coverage?

Even if you have a low policy limit for paying out claims in a personal injury accident, this does not protect you from being sued because of a crash. The cost of serious injuries can easily exceed your insurance policy limits, but also gives the other party more reason to sue you personally. Minimum bodily injury requirements may seem high to you but may not cover substantial medical bills. This means that the other party involved in the crash may come to you directly to attempt to recover compensation. 

If you find yourself dealing with these situations because you did not have appropriate coverage, you could be sued directly. You'll always want to work with an experienced and knowledgeable personal injury attorney to discuss the specifics of your individual case and to discuss whether or not you may be found liable for not having enough coverage or the subject of a civil lawsuit because your policy did not provide enough protection.

When Can I Be Sued for a Car Insurance Accident?

In most cases, car insurance coverage does protect you from being sued, since the primary purpose of these policies is to pay out expenses after a crash. If you don't have any coverage, you are responsible entirely for the cost of a crash. Not only the expenses you have incurred due to going through the crash, but potentially the other party's costs as well. 

Even if you do have insurance coverage, however, another person involved in the accident might come after you for compensation if:

• There are disputes over liability and who is responsible for the accident.
• Serious injuries were involved in the crash.
• The coverage carried on your car insurance is not enough to pay for the other party's losses and injuries.
• You never reported your accident to your insurance company.
• Your insurance carrier and the claimant do not agree about the value of injuries.

How Do I Deal With Liability Disputes?

The vast majority of car accident cases settle outside of court, either after a lawsuit has been filed or before one person opens a civil claim. The settlement process, however, can become much more complicated and raise questions around liability and you being sued outside of your insurance company coverage if there are disagreements over what happened, who was responsible, and the level of injuries associated. 

Sometimes it is not possible to resolve these claims outside of court and the only way to reach an outcome is to go through a jury or judge.

Do Fault Laws Play a Role?

If you live in a state that has applicable fault laws, your chances of being sued for a car accident even if you have car insurance coverage will depend on the coverage the other party has. Various states have different laws about who may be held responsible in an accident and the person's level of ability to file a suit can be impacted by whether or not they were at fault at all for the crash. Some states follow a comparative fault rule, meaning that someone is still eligible to pursue compensation so long as they are not above a certain percentage responsible for the accident. 

If you are unsure about any aspect of your legal claim, it is best to consult with a personal injury attorney as soon as possible. It is far too easy to make mistakes early on in your case that could block your ability to recover compensation. 

The sooner you engage the services of an experienced personal injury lawyer, the easier it will be for you to understand the full scope of damages that you may be entitled to after an accident. Far too many victims are seriously injured post-accident and struggle to put their lives back together, but recovering compensation through a lawsuit may be the only way for you to begin this process. Do not hesitate to find qualified and talented lawyers who have worked through many car accident cases before. In many situations, your attorneys will be able to resolve your claim outside of court so that you can move forward with your life. 

Getting Legal Help for Your Own Claim

Just a team that has handled situations like this before to assist you with any personal injury lawsuit. There is simply too much at stake for your future to leave this to chance. You need a team who will review all of your evidence, communicate with other parties in the case for you, and keep you up-to-date as your case unfolds. You have enough to worry about as you attempt to recover from a serious accident. If you are not injured post-accident, but are concerned about being sued, you should also consult with a qualified attorney. 

You'll always want to review the specifics of your individual policy coverage to verify what applies to you. Consulting with a qualified and experienced attorney is the best way to cover your bases. 

Contact Morgan & Morgan today for a free, no-obligation case evaluation to get started.