Updated May 1, 2019
“Should I file a lawsuit after a car crash?”
So you’ve been in an accident in 2019 and you’re wondering if you can sue someone to pay for all the bills related to the accident. Many people wonder if they are able to file a lawsuit after a car crash so you are not alone. The answer depends on where you live and what happened in the accident.
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Questions commonly asked if you are considering suing for a car crash
Whose fault was the car accident?
This is the main question that needs to be answered. Not only who caused the accident, but are they responsible entirely or partially? This is where comparative and contributory negligence come into play.
How many people die each year in car accidents?
Although the numbers have greatly declined over the years, there are still over 30,000 people who die in car accidents each year.
How much can you sue for after a car accident?
This will depend on the amount of damages and injuries sustained after the accident. More serious injuries that require lots of medical bills will usually mean more damages can be recovered. If you just had property damage then you will not be able to recover any money for injuries if there are none.
I was in a car accident, do i need a lawyer?
Maybe. If the accident is minor and there are no injuries you may be able to settle the claim without an attorney. However, if you want to file a personal injury lawsuit, in most cases it is wise to have an attorney representing you so the insurance company does not take advantage of you.
I was in a car accident, what should i do?
Obviously if you have been injured, you should get the medical care you need fist. Your health is your first priority. If you are considering legal action, you will need proof of medical treatment to document your injuries. Without documentation of medical treatment, you will have a very hard time recovering any money if there is nothing to prove your injuries. You should also speak to a lawyer to explain your situation. Car accident lawyers offer free consultations so there is no cost or obligation to speak a a car crash attorney. If the accident is minor and you were not injured, speak to your insurance company (never the other sides insurance company without an attorney). If they give you the runaround and your claim is legitimate, speak a a lawyer.
What can i sue for in small claims court?
This depends on where you live. Small claims courts have different caps for the amount that you want to sue for. Check with your local small claims court to find out what the details are in the courts that you would end up filing in.
Can someone sue you for a car accident?
Definitely, especially if you are at fault for the accident. Hopefully you have car insurance. After all, that is what insurance is for!
Can someone sue you for a car accident if you have insurance?
Yes they can, but that is the reason you have insurance, for situations like this. Some insurance companies will say that your insurance lapsed if you missed payment though so always make sure to pay your insurance on time.
Can someone sue you for a car accident without police report?
Yes, you can be sued for a car accident even if there is no police report. If you reported the accident to your insurance company though they will defend you. If you have not reported it to your insurance company, you should.
How long after a car accident can you sue?
This depends on the statute of limitations in your state. Usually, it’s between 1 and 2 years.
Information on Negligence in Automobile Accident Claims
Depending on what state you live in, contributory or comparative negligence will impact how much you can recover if you want to sue for a car accident.
Should you file a claim and how much money can you get?
Now that you understand comparative and contributory negligence (or at least a little better than you did before) and by seeing how your state deals with determining fault, this should help you figure out if you can file a claim. If so, you need to find a car accident lawyer (aka a personal injury attorney) who is experienced and has a past history of results winning car accident claims. Automobile accident lawyers handle all cases on a contingency fee basis, so you won’t have to pay until they recover money on your behalf. Is it worth it to hire a lawyer and file a lawsuit after a car accident? That depends on many circumstances but if there were serious injuries involved you should absolutely seek the help of a lawyer. A lawyer may be able to help you get money for:
- Repair costs for damage to your vehicle
- Medical bills such as doctors and hospital costs related to your accident
- Physical therapy
- Loss of wages as a result of missed time from work
- How your future income earning potential is effected
- Pain and suffering
As a layperson, you have absolutely no idea what your case is worth which is why you need an accident attorney who has extensive experience to help you with your case. You may think that the insurance company is on your side and they will be fair but that is rarely the case. Their obligation to their shareholders and profitability are the reason they want to pay you as little as possible for your accident. We know hundreds of stories of the insurance company offering a tiny settlement and a good lawyer is able to turn an offer of a few thousand dollars (or no offer at all) into hundreds of thousands of dollars.