A car accident can be an extreme inconvenience, not just on your health and safety, but on a whole host of factors as well. Understanding your legal considerations after a car accident can help you, and even the other people involved, make the right legal move that would benefit all parties involved after the inconvenience brought by a car accident.
World Health Organization numbers indicate that 1.25 million is the minimum number of fatalities claimed by vehicle accidents every year, with almost half those numbers coming from the “vulnerable road users” demographic composed of pedestrians, and users of motorcycles and bikes. Outside these numbers are at least 20 to 50 million survivors ending up with a disability or a serious injury because of these events. Here are some considerations:
Determine: Who Is Liable In The Accident?
When it comes to dealing with a car accident legally, the first thing to do is to first determine just who is at fault for the accident in question. Naturally, if you are wholly responsible for the accident in the first place, suing the other party might not have fruitful results.
- It’s important to find out however just how negligence law in your state works. This is because while car accident lawsuits are based on the theory that it’s more or less the other party that was at fault/negligent, there are still variations as to how states award damages depending on how negligent both parties were.
- Sometimes, states have comparative, contributory, or modified comparative negligence models to follow when it comes to negligence. These simply state how a particular “percentage” of negligence of both parties may or may not award someone compensation for an accident, and by how much.
Determine: Should You Negotiate With The Other Party’s Insurance Company?
After you and/or your lawyer determine who just might be at fault, and after reviewing your state’s laws on negligence, it may be time to determine if the other party has coverage in the first place that is enough to cover the injuries you’ve experienced.
- Knowing if you will be able to do this is important, as some states have no fault insurance options. This means your insurance company will be covering your damages regardless of who’s at fault in the accident. Even then, no fault states still allow you to sue the other driver if there are severe damages involved.
- What you should be wary of is if you’ve already made a claim with the other driver’s insurance company but they still haven’t covered your expenses despite being in extensive talks.
Determine: Should You Sue The Other Party?
If the other party’s insurance hasn’t paid up, it may be time to file a negligence lawsuit against the other party. This is well within your legal rights, especially since this has caused personal injuries for you.
The tricky part is if the driver at fault doesn’t have insurance. One option is to directly sue the driver in question, though if they don’t have insurance, it’s highly likely that they don’t have assets to help reward you compensation should you win the lawsuit. Another option is for your insurance company to reward you compensation based on uninsured motorist benefits, though there are limitations here as well depending on your state and/or insurance provider.
When it comes to car accidents, your health is obviously the top priority. However, it’s also important to have at least a good sense of your legal considerations in order to be fully aware of the consequences and implications of your involvement in a car accident. A car accident attorney such as ones here might be able to help you with questions you may have on the issue, especially in terms of specifics.