Can You Sue Someone for a Car Accident? A Legal Guide

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There are over 6 million car accidents in the U.S. every year. That’s millions of drivers that are either victims or at fault for their accident.

What if you’re a victim and you’ve suffered some major injuries? What if you’re low on cash and the settlements isn’t enough?

Can you sue someone for a car accident?

While a lawsuit is always on the table, suing someone for a car accident is a complicated process. In this article, we’re going to cover all the key things to understand about car accident lawsuits.

Can You Sue Someone for a Car Accident?

The short answer is: yes.

However, you usually have to go through several steps before you go to court. In fact, has a great guide for what to do after you’ve been in a crash.

First and foremost, try and work things about between you and the other driver’s car accident lawyer. A car accident attorney is used to processing these claims and will try to resolve things quickly.

If they try to stall or offer a settlement that’s insufficient, then it’s time to move on to the next step.

Reasons to Sue Someone for a Car Accident

Sometimes that settlement isn’t enough to cover your damages nor is your insurance policy. When it’s time to sue, the following are the general criteria for successful lawsuits:

  • The other party wasn’t driving safely
  • Their poor driving caused injury
  • You suffered financial losses and injuries

When to Sue Someone

Going to court is a big step for anyone. Even if you fit all the above criteria, getting the settlement you want isn’t guaranteed.

However, if your situation calls for it, it’s time to sue. Here are some reasons why many decide to go to court:

Expensive Bills

If your medical and car repair bills are rising and your insurance isn’t enough to cover them, it’s not a bad idea to sue. Again, take some time to look at your expenses and the settlement you were offered to decide.

Low Insurance Settlements

It’s always in the other driver’s car accident attorney to offer you the lowest settlement possible. While this is just business, you might decide to sue if that settlement is just too low.

It’s Not Your Fault

This is the main argument you’ll use during your hearings. If you can prove that the accident wasn’t your fault, that’s a good reason to go to court.

How to Sue Someone for a Car Accident

A car accident lawsuit begins with you filing a complaint or petition with the court. You then let the defendant know, or “serve” the complaint to them.

The defendant files an answer denying or admitting fault, and they set up their own legal defenses. You’ll then enter the discovery phase where you and the defendant present evidence and facts about the case.

After that, you go to court, and either the jury or the judge will make a judgment.

Get the Right Information Before a Lawsuit

Answering the question of “can you sue someone for a car accident?” can be a complicated and personal process. Use this article to know the basics and make the right decision for you.

For more articles on the law and proper legal protection, check out the rest of our site!