If you have car insurance coverage, you may think that it will cover you in a car accident. While your insurance company will provide some protection, there are certain instances where car accident lawsuits may be necessary when insurance coverage isn’t adequate to pay for serious injuries.
Accident expenses can become astronomical, pushing them past insurance coverage limits. That means the at-fault driver may be on the hook in certain circumstances.
The Law Offices of Rosenstock and Azran represent the injured party in a car accident case. In this blog post, we cover the legal aspects of car accident cases and the role of the insurance company in these matters to help you understand when you could be sued for a car accident and when you should sue the other driver.
The Role of Your Insurance Company in an Accident
With so many car accident cases arising in California, it is important to understand the role of your insurance company and your insurance policy. When making a personal injury claim, if you are the injured party, you will contact the other driver’s insurance company. Meanwhile, the insurance policy you have with your car insurance company is who the other driver will contact after the accident occurs.
In that event, your insurance company has, essentially, two legal responsibilities: to defend you and to indemnify you. The first requires that they pay for your legal defense throughout the claims process. If that means hiring legal counsel for court, that is included. Regarding their duty to indemnify, that means they must pay for the resolution of the claim, for amounts up to your applicable policy limits.
The insurance claims process can get complicated when it comes time to determine fault. The other party may try to claim that you are the at-fault party. But what if you are the one with devastating injuries? Fortunately, your policy coverage can take care of these scenarios. However, liability coverage only goes so far, and if the other driver also has serious injuries that go beyond your policy limits, you may find yourself facing a personal injury lawsuit.
This legal claim is common, plus many insurance companies will do whatever they can to protect their bottom line after an auto accident. This means that they may try to offer a low settlement or even deny your insurance claim.
When Can Someone File a Car Accident Lawsuit Against You If You Have Car Insurance?
You may ask, “Can someone sue you for a car accident if you have insurance?” The answer is that you can be sued for a car accident when your liability insurance isn’t enough to cover the personal injuries sustained by the other driver. When the other driver files a lawsuit, it is because they believe that the car accident is your fault. Additionally, when this other driver and the insurance company disagree about this settlement process, liability disputes often arise. If you find yourself in this scenario, it is imperative that you discuss your case with an experienced attorney who can help you protect your legal rights.
Here are the most common reasons why you could be sued personally after a car accident.
Negligence
The injured party has the right to sue after a car crash if the other driver behaved negligently. In order to pursue compensation from the other party, a driver with injuries must show that the duty of care was breached. To have a valid personal injury case, they need proof that you were driving while distracted or intoxicated, being reckless or negligent on the road, or that you violated traffic laws. When you work with a personal injury attorney, they can help prove that these claims are unfounded. They may also be able to prove that the other party was the negligent one in the accident and work to get you a settlement offer.
Insurance Company Policy Limits
When your liability insurance is used to the policy limit and the other driver has medical expenses, property damage, and lost income, they may try to blame you to get additional compensation. Unfortunately, many people open themselves up to this liability by only purchasing the minimum that insurance covers. Conversely, if the tables are turned and the other driver’s insurer can only cover a portion of your property damages, lost wages, and medical bills, you can fight for your settlement amount by taking legal action.
Intentional Act
While less common, an investigation could reveal that the person deliberately caused the accident. However, the vast majority of car accidents are caused by driver error rather than malicious intent. In California, insurance policies usually exclude coverage for intentional acts. Following a claim, a thorough assessment of the facts of the incident and the applicable insurance policy provisions should be conducted to evaluate coverage issues.
Make Sure You File Before the Legal Deadline
The fact is that most car accident cases are settled before going to court, even when insurance disputes arise. The statute of limitations is something to keep in mind as it limits your time to pursue your case through the legal process. In California, the statute of limitations in these situations is strictly enforced, necessitating a careful assessment of the parties at fault and their respective roles.
Keep in mind that it will take time for the insurance company to complete its assessment. It is crucial that you gather evidence such as the police report, photos, videos, and medical records to present in your accident case.
While someone can sue you, you also have the same legal rights. If you need help determining what to do after your accident or gathering evidence, contact The Law Offices of Rosenstock and Azran for a free case review. In this free consultation, you will find out what you can recover in compensation for your accident, including property damage, medical bills, mental anguish, and pain and suffering.