If you have been a victim of a car accident, you may have a lot of questions, especially if you have injuries or your car has been seriously damaged. Once you seek medical attention and do the necessary things while at the accident scene, you might be wondering if you should sue after the accident.
The majority of drivers just file a claim with the insurance company of the other driver and negotiate from there. But, if you are considering filing a lawsuit, who you should sue depends on some factors such as the laws in your state, the insurance coverage of the other driver, and whether or not the driver has insurance in the first place. If you have damages after a car accident, here is what you need to do:
Determining Liability
Determining who is at fault for the car accident is the first thing to do. An experienced Boca Raton car accident attorney can help you with this and decide how much you may be entitled to for your injuries based on your percentage of fault.
Typically, car accident lawsuits are predicated on the negligence of the other driver. State laws differ in how they award damages in terms of the negligence level of the other driver. States follow either a comparative, contributory, or modified comparative negligence model. Some states award damages in proportion to every party’s percentage of negligence.
Negotiating with the Other Driver’s Insurance Provider
After determining the at-fault party, you must know if the other driver has insurance coverage that is enough to cover your injuries. A lot of states have a no-fault insurance option which means the insurer pays medical coverage no matter which driver caused the accident. But, the majority of no-fault states let you sue the other driver for serious damages. Thus, if you have made a claim and negotiated with the insurance company with the other driver and are not getting the compensation you deserve, you might want to initiate a negligence lawsuit against the other driver. You have the right to sue the at-fault driver for the personal injuries that resulted from the accident, including aggravation of pre-existing injuries.
Your Options If the At-Fault Drivers Does Not Have Insurance
In this case, you can try to sue the driver personally. But, remember that most drivers who don’t carry insurance may not have a lot of assets from which you can draw upon to pay a lawsuit. Your other option is to make a claim with your own insurance company under uninsured motorist benefit. Your lawyer will help you understand which option is best for you.
