Do you think you have been in a car accident with no fault of yours? Undoubtedly, it is frustrating when you suffer physically and mentally in a car accident that wasn’t your fault. Paying for the medical costs for your injuries and getting your car back in a drivable position are other problems that follow. At this stage, you would want to sue someone personally after a car accident for the damages caused.
However, should you or should not is the thought that crosses your mind. It is even problematic when you don’t have a car accident lawyer to guide you through. The decision should not be taken in a jiffy.
Suing the at-fault driver would not only mean going against him but also through the driver’s insurance company. Here are things to consider when suing someone personally after a car accident.
See If The At-Fault Driver Is Insured Or Not
If the at-fault driver refuses to provide you claim for personal injury and even refuses to negotiate, you may decide to file a lawsuit against him. In this case, you may also be suing the insurance company if the at-fault driver is insured.
However, most states may not allow for suing the insurance company directly. If the at-fault driver is uninsured, there is no other option but to sue him personally.
Sue The Driver Personally
If the at-fault driver doesn’t have an insurance company, you can sue someone personally after a car accident. However, you may end up not recovering much as an uninsured driver may not have enough assets or money to provide. Even if you win the case, the recovered money may be insufficient to cover your expenses.
This is when hiring a car accident attorney could prove to be of great help. He would be able to advise you on the possible outcome better and may also suggest other viable options.
Receiving The Claim From Your Own Insurance Company
The uninsured or underinsured motorist coverage (if opted) covers your costs up to a certain extent (if not fully) when the uninsured driver hits your car.
If The At-Fault Driver Is Insured
If the at-fault driver is insured, you file for a personal injury claim with his/her insurance company. Once you do so, the insurance company will look at the facts and decide upon negotiation or denying the claim outrightly.
Most insurance companies prefer first to deny the claim if possible. The pressure to accept the claim rises if you have a car accident attorney by your side. They can help you fight for your rightful compensation.
If The Insurance Company Agrees On Negotiation
If you have an experienced car accident lawyer, it is possible to reach a settlement between you and the at-fault’s driver’s insurance company. If it reaches the agreement, you will receive the settlement, and the case will be closed.
If the negotiation that is being settled upon is not helping you out a bit in recovering your costs, you can choose to sue the driver personally.
Suing The Driver Personally
All the above considerations are reasons enough to sue the driver personally. However, according to Cincinnati, Ohio rules, you can only sue a driver within a pre-defined period. You have two years starting from the date of the accident in which you can sue the driver personally.
For this reason, it is essential to take action faster on your part if you are in a no-fault car accident. Lawsuits carry on for years. In the end, you may end up receiving your compensation but with a compromise if you don’t have an experienced attorney by your side.
Things may also take a backseat if no attorney is representing your case.
If you are not at fault in a car accident or know someone, please speak to our car accident attorney. Whether you find it challenging to prove your innocence or do not know the right way to sue the at-fault driver, our experienced attorneys can help you out.
We will make sure you get the best advice on your case and guide you on the next steps you should take further. We have been continuously helping those who are worthy of seeking legal help for years to come. Don’t hesitate to book a free consultation with us. We won’t force our opinions on you. You will have the right to decide after our free consultation. Contact us today to learn more on how to sue someone personally after a car accident and how we can be of help to you.