What to do if you are being sued after a car accident

May 29, 2020
What to do if you are being sued after a car accident

If you are involved in a car accident, and the other party decides to take legal action and sue you, the first thing you should do is remain calm. To be sued is a terrifying situation with serious consequences, sure, but if you are careful about it you will limit your legal liability to almost nothing.

How To Know If You Are Actually At Fault

The fault becomes evident in many instances when looking at the damage and the environment in which the accident occurred. In other cases, it relies on state laws to decide who is at fault for an accident. In certain states where no-fault insurance is a legal requirement, your insurance company is responsible for you and your property, irrespective of who is at fault. In this last instance, who is at fault is a factor for deciding points on the driver's license and other driving privilege regulations.

One question is simply whether the car was either parked or stopped. Road conditions are also an important factor in deciding how to determine who is at fault in an accident; heavy fog or rain, or even high winds, might play a part in the fault. Driving into the back of another car is an inevitable error in many states since you will still have time to stop in the distance between your car and the one you are following. However, if a vehicle had to get back out of a blind drive to your path, there's little you can do about it.

If you live in a state of no-fault, your insurance is liable for your damages irrespective of who is at fault in an accident. This can be beneficial to a driver in some cases but it can be a frustrating situation for others. The theory of No-Fault insurance is that we are all responsible for our own problems, and one driver cannot hold another liable for damage to property or injury. The problem with No-Fault is that your car insurance will keep rising, as the company's claims are reflected in the group of persons they cover. 

What To Do If You Are At Fault And Are Being Sued

Contact the insurance company first. If you have been changing companies since the accident, please contact the person who handled the initial claim. Unless there are compelling factors that justify a new case being brought, the original coverage is still valid, and the insurance company is still responsible for providing the coverage given under that policy at the time of the accident. Tell the insurance company, and ensure that they are on the job.

For one thing, find out what is your state's statute of limitations. If too much time has passed it is a fruitless quest to file a new claim. Now, lawyers are aware of the statute of limitations, and if the lawsuit is filed by a reputable lawyer, this is not likely to be a problem.

As a general rule, the limits of your policy will be the limits within which the claim is settled. It is rare for additional amounts to be charged beyond the coverage of the policy. In fact, the idea was put forward that this generally happens only if the situations indicate that the defendant is likely to have assets that can be easily liquidated. This may be a complex issue, as it involves calculated loss risks in an effort to make additional gains. In order to do this, it is probably in your best interest to make sure that your insurance company provides counsel or a contract to a lawyer of your own.

If you or your family members are being sued in a car accident, contact the Reputable Attorney, New Haven, CT

All people are equal before the law. A good attorney.