Many times, a driver’s negligence can cause a car accident. Sometimes, it could be that the driver wasn’t paying attention to the road. Other times, the motorist may be driving under the influence of alcohol or disobeying traffic rules.
But it isn’t in every case that the at-fault driver was reckless. Occasionally, even careful drivers cause accidents due to unforeseen circumstances. An at-fault driver in an at-fault state is responsible for the damages in a crash.
Typically, the car crash victims will file a personal injury claim with the at-fault driver’s insurance. The insurance company would then carry out investigations to verify the accident’s cause. After the inquiry, the insurance company may decide to settle the claims. They can also deny them.
While many claims get resolved out of court, some don’t. A victim may decide to sue you for bashing their car. If this has happened to you, we will show you just what you can do to manage the situation.
Why Do Car Accident Claims Get to Court?
Like we earlier discussed, not all automobile crash claims get to court. Insurance companies would usually arrive at a fair price to compensate for the victim’s loss, pain, and suffering. When these personal injury cases go to court, it’s usually for any of these reasons:
The Victim Is Vengeful
When you hit people’s vehicles, they can decide to file a claim with your insurance. They also have the option of seeking to get compensation through a lawsuit. Although it’s rare, some people are malicious and would want to make you hurt as much as possible. To this end, they’ll file a lawsuit instead of going through your insurer. Depending on the case’s circumstances, their lawyers may advise them to immediately go to court.
The Damages Exceed Your Insurance Coverage
Sometimes, your insurance may only cover costs up to a certain amount. Your insurance would not surpass that sum. If the victim’s claim is higher than what your insurance policy can cover, you’re liable for the remaining sum. If you can’t pay the surplus, they can sue you to recover it.
You Don’t Have Insurance
If you don’t have insurance, a car accident victim will have no choice but to sue you. They can’t get their compensation in any other way.
The Process Has Wasted Too Much Time
Personal injury claims have a limitation period. It’s usually for three years. When the time has elapsed, victims can no longer bring up a suit. Thus, crash victims are always mindful of the time limit. If the settlement process will take time and make them lose their chance at a lawsuit, they will sue.
What Should I Do Once Someone Sues Me?
Now the million-dollar question: what do you do when someone sues you? The first thing to do is not to panic. A lawsuit isn’t a death sentence, and you can resolve it tactically. All you can do at this point is to calm down and call a car accident attorney.
Your lawyer will try to settle the case by doing any of the following:
Seek Uninsured Motorist Coverage
If you don’t have insurance coverage or the one you have wasn’t enough, your lawyer can pursue uninsured coverage. Uninsured motorist coverage pays the other driver some compensation if you can’t. If the driver has such uninsured coverage, your lawyer can implore them to use it.
Make Your Insurer To Settle the Sum
At times, insurers give flimsy reasons for not making payments. If this is the case, your lawyer can pressure them to pay up.
Defend You in Court
Your attorney may decide to defend the suit in court at the end of it all. They may re-analyze the case and see that you weren’t the one at fault. Even if you were negligent, your lawyer could develop some defenses to mitigate your liability.
What Defences Can Your Personal Injury Attorney Put Forward?
Once your lawyer decides to defend your lawsuit, they can present any of these defenses:
While you may have caused the car accident, your attorney can produce evidence that the other driver shares the blame. In Maryland, once the court rules a case of contributory negligence, you’ll escape liability.
You Were Not At-fault
It’s possible to cause a car accident but not be at fault. This can happen during a sudden medical emergency or if another driver pushed you to hit the victim.
Consult With a Car Accident Attorney Right Away!
At Pinder Plotkin LLC, our injury attorneys can’t wait to help you defend your car accident lawsuit. You should contact us immediately as time is of the essence.