Who To Sue After A Car Accident?


October 15, 2021
Advice, Automotive
Editorial


Car accidents are rising at a rapid rate every year. Researchers state that such accidents mostly take place because of the fault of a third person. The negligence can result in terrible financial and personal losses for the victim. In most cases, these victims are not aware of the claims they can make against such persons or whether they can get any compensation for the accident. Due to complicated circumstances, some remain unsure whether to even sue the person who has caused the accident or lodge a claim with their insurance provider (if any).

As per lawyers, the person you should be suing depends on –

  1. a) the laws of the place where the accident occurred,
  2. b) whether the other party who was supposedly responsible for the accident has any insurance,

There are several points that you will need to consider to understand the situation better. We recommend you get in touch with car accident lawyers in St Louis – Hipskind and McAninich. The skilled team at Hipsking and McAninich have assessed third persons’ liabilities for several years now. They have even helped numerous victims get adequate compensation.

Let us examine what the lawyer will be doing after discovering that you’ve been involved in a car accident.

A. Determining Liability

A lawyer will first determine who is responsible for the car accident. You should note that you cannot impose liability on a third person if it were a no-fault accident. However, if not, the lawyers can help you determine who shall be responsible for paying compensation for your injuries. The percentage of such liability (compensation) would depend on how negligent the other driver has been.

The third person’s liability will also depend on the state laws. More specifically, states will either follow a contributory negligence model, a comparative, or modified one. Say you live in a state that adheres to the contributory model; even one percent of your fault will bar recovery of compensation. This, however, will not happen if the state follows any of the two other models. Colorado, for instance, follows a modified comparative fault rule. Under this system, the state shall assess the entire situation and award damages based on your contribution. In the case of hit and run, however, according to Aurora Hit and Run Accident Attorney, the insurance provider of the at-fault vehicle may be totally liable for any damage.

B. Negotiating with the Insurance Company

Apart from determining the third person’s fault, you will also need to assess if the driver (who caused the accident) has insurance. The amount of insurance recovered should be able to cover your losses. Many states have insurance laws wherein the companies cover all medical expenses of the victim. However, in some states, you might have to negotiate heavily. If, after negotiating, the insurance company still denies paying for your losses, then you should file a lawsuit. In such cases, alternatively, you can also file a negligence suit against the driver. Please note that some states might not allow you to sue the insurance company directly so that negligence suit might be your only resort.

Going through a car accident is a very stressful event and we understand that the assessment of liability can be burdensome and tricky. And negotiating with huge insurance companies can be even worse. Hence, we recommend you consult a lawyer at every stage. You can find out more here about how personal injury attorneys work.