Can I Sue Someone Personally After a Car Accident?
You can sue someone personally after a car accident by filing a civil lawsuit against them for the damage to your car and your medical expenses. You might also be able to seek compensation from their insurance company.
If the thought of suing the at-fault party for damages seems overwhelming, or you are not sure you have the time to pursue your case, you can hire a personal injury lawyer from our firm to help you seek monetary recovery. Our team can also help determine which avenue you can take to recover payment for the damages you suffered.
In some cases, you could seek compensation from both the at-fault driver’s insurance policy and the driver personally. This might be a viable option if their maximum insurance coverage does not cover your accident-related expenses.
Why You May Want a Lawyer to Review Your Insurance Policy First Before Suing the Driver
Suing the driver who caused your car accident might be necessary if they had no insurance or too little insurance on their vehicle. Before taking this step, you may want to have our firm look over your insurance policy for other options for financial recovery.
Whether you sue the at-fault driver personally or seek compensation from their insurance company or yours, the goal is to recover your expenses and losses from the accident. As the American Bar Association (ABA) explains, you might be entitled to the following financial compensation from a lawsuit:
- Medical expenses to diagnose, stabilize, and treat your injuries
- Loss of income related to treatment and recovery
- Damage or total loss of your vehicle
- Physical and emotional pain and suffering
- Loss of life enjoyment
- Funeral and burial expenses if a fatality occurred
Your Insurance Policy Could Cover Your Accident Losses
If the at-fault driver in your car accident does not have insurance, your insurer might provide you with the financial compensation you need. According to Insurance Information Institute (III) data, this type of insurance is optional in some states and mandatory in others. It may cover your accident-related expenses up to the limits of your insurance policy.
Because many drivers do not have insurance, uninsured motorist (UM) coverage might be an important add-on if it is not mandatory in your state. In addition to UM, you may also benefit from adding underinsured motorist coverage (UIM) to your policy. UIM coverage protects you if the at-fault driver’s policy does not sufficiently cover your accident-related expenses.
With these protections in place, you might be able to avoid the time and expense of suing someone personally after a car accident.
Make Sure Your Lawsuit Complies with the Laws in Your State
No matter how you seek compensation from an at-fault driver, filing a lawsuit has a deadline known as a statute of limitations. Our firm can determine how the statute of limitations applies to your lawsuit.
In addition to this deadline, you may also face additional time constraints, such as:
- Tolling the statute of limitations if a minor was injured
- Making specific notifications if a government vehicle was involved
- Differing filing deadlines if a fatality entitles you to file a wrongful death lawsuit
Complying with mandatory timelines and filing deadlines can help your chances of having a successful lawsuit. If the timelines expire, your right to file a lawsuit expires with them, and you might not be able to seek legal recourse to make the at-fault driver in the accident pay.
You Can Hire a Lawyer to Manage Your Lawsuit from the Start
The sooner you involve a personal injury lawyer from our firm in your lawsuit, the sooner we can go to work for you. Our team can ensure your action complies with the filing deadlines, giving you one less thing to worry about. We can also use this time to:
- Investigate your accident
- Collect evidence that backs your claims
- Locate and interview witnesses who can provide insight into what happened
- Obtain and read your crash report, medical records, and other essential case documents
- Consult with expert witnesses who can weigh in with a professional opinion about your accident
In addition to these actions, we can also negotiate with the at-fault driver to settle your lawsuit without having to go to court.
Let a Personal Injury Lawyer Fight for You
Our case review team can help you explore the range of compensation options you have available after a car accident. Contact a team member from Laborde Earles Injury Lawyers at (337) 777-7777 to start building your car accident compensation lawsuit today.
