Yes, you can be sued for a minor car accident or a major accident causing injuries. However, whether your lawsuit will be successful or not may not be certain. If someone is taking legal action against you owing to your negligence or fault, you may have to consult an experienced car accident attorney.
They will make you understand whether you have a viable case or not, will fight for your rights, and will help pursue compensation for medical bills, lost wages, and other losses due to accident.
Reasons To Sue After A Minor Car Accident
Someone may sue you after a minor car accident owing to the following reasons:
- They do not possess insurance coverage
- The damages are more than the liable policy’s limits
- Unable to reach an agreeable settlement amount with the insurance carrier
- They want to get compensation for pain and suffering that insurance does not cover
Sometimes the at-fault parties may file lawsuits or claims just as a form of retaliation with the hope that the other party will not pursue damages. In such a situation, only an accident lawyer may help you by explaining your legal rights and taking relevant actions.
Can The Insurance Company Sue Me For A Car Accident?
Yes, an insurance company can sue you for a car accident. However, it is not common for insurance companies to sue their policyholders. There are a few reasons why an insurance company might sue its policyholder:
- If the policyholder has lied about their insurance coverage: If the policyholder told the insurance company that they had full coverage when they only had liability insurance, the insurance company could sue them for the difference in coverage.
- If the policyholder has refused to cooperate with the insurance company’s investigation: If the policyholder refuses to provide the insurance company with a recorded statement or refuses to allow them to inspect their vehicle, the insurance company could sue them for breach of contract.
- If the policyholder has been convicted of a crime related to the car accident: If the policyholder was convicted of driving under the influence (DUI) in connection with the car accident, the insurance company could sue them for breach of contract.
What To Do After A Minor Car Accident?
If you find yourself being sued for a minor car accident, it is essential to take prompt action to protect your rights and interests. Some key steps to take are as follows:
- Review the Lawsuit: Carefully read and understand the lawsuit filed against you. Take note of the allegations made, the damages claimed, and any specific legal arguments presented.
- Notify Your Insurance Company: Contact your insurance company immediately to inform them about the lawsuit. Provide them with all the necessary details and documentation related to the accident. Your insurance policy may include provisions for legal representation, and they will guide you through the process.
- Gather Evidence: Compile all relevant evidence related to the accident, such as accident reports, photographs, witness statements, and any other documentation that can support your defense. This evidence will help your attorney build a strong case on your behalf.
- Respond to the Lawsuit: In most cases, you will need to file a formal response to the lawsuit within a specified time frame. Your attorney will assist you in preparing the appropriate legal documents and crafting a solid defense strategy.
- Negotiate or Mediate: Depending on the circumstances, your attorney may engage in negotiations or mediation with the opposing party to seek a resolution without going to trial. It can involve discussions about settlement options, potential compromises, or other alternatives to litigation.
- Prepare for Trial: If a settlement cannot be reached, your case may proceed to trial. Your attorney will prepare your defense, gather witnesses if necessary, and present your side of the case in court.
What Is The Average Settlement For A Minor Car Accident?
The average settlement for a minor car crash, according to Forbes, is nearly $16,000. Determining the average settlement for a minor car accident can be challenging, as it depends on various factors, including the specific circumstances of the accident, the severity of injuries or damages, the insurance coverage involved, and the jurisdiction where the accident occurred. Settlement amounts can vary widely.
In minor car accidents with no significant injuries or property damage, the settlements may be relatively low, covering medical expenses, vehicle repairs, and any other direct costs incurred. These settlements often aim to compensate for the actual damages and losses suffered by the injured party.
However, it’s important to note that each case is unique, and there is no fixed average settlement amount for minor car accidents. The specific details of the accident, the impact on the injured party, and the negotiation skills of the parties involved can all affect the final settlement amount.
What Are Settlements?
Settlements are the most common outcome in personal injury claims. When a crash occurs, the person who is responsible for causing the collision will cover the damages of the accident victim. Specifically, it is the person’s liability auto insurance company that will be paying for medical bills, lost wages, property damages, and other losses.
The insurance company will make a settlement offer to the accident victim. If the victim accepts the settlement the case will be resolved. If the victim does not accept the settlement thinking that it is not fair, the outcome will be a lawsuit. Some cases may settle out-of-court while others may go to trial.
Consult An Accident Attorney For Your Accident Case Review
Every legal situation is unique, and it is crucial to consult with an experienced car accident attorney to navigate the process effectively. They will provide personalized advice based on your specific circumstances and work to protect your rights throughout the legal proceedings.