Can I Be Sued for a Car Accident
After getting into a car blow, your biggest concerns are probably the pain from your injuries and how to pay for the costs. Medical treatment and vehicle damage are non inexpensive, fifty-fifty in some minor accidents. You might wonder if you tin personally sue the at-fault driver for the damages they take caused you.
While this may be an option, information technology's not normally necessary. You typically go through the commuter'due south insurance company for reimbursement of your costs—not the commuter individually. However, in that location are situations where your car accident lawyer may recommend proceeding to a lawsuit.
Is It Worth It to Sue the Other Commuter Later on a Auto Accident?
Information technology can admittedly be worth it to sue the other driver, especially if insurance has already paid out the maximum corporeality yous can file for in your claim. However, don't delay, as there are certain time limits that can affect your example and if you wait also long, the courts could deny your claim entirely. Speak to an attorney today to discover out which artery is best for you to pursue in your case.
Your Kickoff Step: Negotiating with the Insurance Company
Your lawyer tin help you lot negotiate with the at-fault driver's insurance company for a fair settlement. Many times, if y'all have an experienced attorney, you lot and the insurer are able to accomplish an agreement. You lot would receive the settlement, and the instance would be closed.
Sometimes, the insurance company won't budge on what they're willing (or non willing) to offering you. If extensive negotiation is still getting you nowhere close to covering your costs, you might consider suing the driver personally later on the accident.
Situations Wherein You Can Sue Someone Personally for a Car Accident
If you have filed a personal injury claim to the at-fault driver for compensation of your damages and the insurer denies your claim, offers a lowball settlement, or refuses to negotiate, your adjacent step may exist a lawsuit against the driver. Virtually states won't allow you lot directly sue the insurance company.
If the at-error commuter is an uninsured commuter, they will patently non take an insurance company to transport a claim to. In this situation, you will take two options:
i. Suing the Driver Individually
You have the correct to sue the driver personally for your damages. The problem hither is that near uninsured drivers don't have the coin or avails to describe upon during a lawsuit. Fifty-fifty if you win, you may not be able to recover much.
If you decide to sue, it's best to contact an experienced machine accident lawyer as soon as possible. They tin can wait at your case and suggest yous on the best next steps. They can also let you know what your potential outcome might be if you become ahead with the lawsuit.
two. Filing an Uninsured Motorist Merits
Your 2d pick after being hit by an uninsured driver is turning to your ain insurance company. Near drivers have uninsured/underinsured motorist (UM/UIM) coverage. This is optional insurance you tin can purchase with your policy, but near drivers have it unless they specifically opted out. It covers y'all upward to a sure amount if yous are hit by a driver without insurance (or without sufficient insurance).
Fifty-fifty with UM/UIM coverage, it may not be plenty to cover your costs and you lot might want to seek damages from the at-mistake driver. All the same, filing a lawsuit is something you should talk over with a lawyer who understands car accident laws in your area.
Below, nosotros'll outline the legal process after a car accident and when suing someone personally may be a good choice.
Proving Mistake and Liability After a Car Blow
The most of import factor in a Georgia car blow is fault. Here's how it works:
- All drivers take a duty to deed in a way that does non put other drivers in harm's manner on the road.
- If a driver fails in that duty, they have been negligent.
- When the driver's negligence leads to a car accident with injuries and property damage, that driver is at fault.
Laws nigh liability and negligence volition vary by state. Since Georgia is a fault country, the at-fault driver is responsible for all costs of the accident they caused.
You lot Can Yet File for Damages Even if You Were Partly at Fault for the Accident
According to OCGA §51-1-6, a person who is injured by some other person's alienation of legal duty has the right to recover amercement they endure. This ways if you were hurt in a motorcar accident some other driver caused, you are likely entitled to seek compensation for your amercement. Y'all are able to exercise this even if you hold partial mistake in the accident—every bit long as you are not 50% or more at fault.
For a gratis legal consultation, phone call 404-400-4000
Filing a Personal Injury Merits Is Easier When You Rent an Attorney to Help You
The first step in seeking bounty is past filing a personal injury claim with the at-fault commuter's insurance visitor. Once you practise this, the insurer volition assign fault and make up one's mind whether to accept your claim and pay the settlement y'all are requesting, deny your claim, or transport a counter settlement offer.
Since insurance companies do not like to pay out much on car accident claims, they are most likely to either offering a lowball settlement or deny the claim. This is where a personal injury attorney can assistance yous fight for your right to full compensation.
You lot Accept a Limited Amount of Time to Sue Someone Subsequently a Car Accident in Georgia
If you do decide to personally sue the driver for your motorcar blow, your time is limited. OCGA §9-3-33 states y'all accept "two years later on the right of action accrues," meaning you have two years from the engagement of your car accident to bring your instance.
Information technology's vital that you become started every bit shortly as possible. Many steps are involved in a lawsuit, and you may spend a lot of fourth dimension waiting. Even if you do win your lawsuit and the other driver must pay y'all, yous may not get the full compensation y'all deserve correct away—if at all. There's a whole process that requires the expertise of a machine accident lawyer.
Our Georgia Car Blow Attorneys Can Help You with Your Car Accident Claim
If yous are worried well-nigh getting the bounty you lot need and deserve after a car blow, contact John Foy & Associates. During a FREE consultation, nosotros can look at the details of your case and determine the best course of action for you. If that involves suing someone personally afterwards your accident, we will exist at that place every step of the fashion.
We have been helping car accident victims win the coin they need for over 20 years. We know what information technology takes to win a successful case from start to stop. To schedule a Complimentary consultation today, call us at (404) 400-4000 or contact usa online.
Phone call or text 404-400-4000 or complete a Free Case Evaluation form
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