When To Sue Another Driver For Accident Injuries Or Damages
If you have been involved in an auto wreck in which you sustained serious accident injuries, it is wise to consider whether or not you should sue the other driver. When you were shopping for car insurance quotes, you may have selected a policy that was quite intensive but it still may not be able to cover all the long term expenses involved in a major accident.
While your insurance provider should be able to provide accident benefits, they will not fully compensate you for all types of damage you may incur during an accident. If you have damages that exceed the coverage you are going to receive from your insurance company then you may sue the driver of the other vehicle if their negligence caused the accident. Negligence means that they were responsible for the accident injuries and you may even sue if you were partly responsible as well. Some areas that you may be looking to seek compensation for include economic loss, loss of ability to work which may include future loss of income or increase in car insurance quotes, emotional or physical pain and suffering, and of course health care expenses if a major long-lasting impairment or disfigurement has occurred that your insurance may not completely cover.
There is also the concept of a threshold that applies when considering suing another driver. This means that the injured person can only sue if the pain, suffering, loss of enjoyment of life or health care cost pass a certain threshold. The threshold is typically only met if you have suffered a permanent impairment of an important physical, mental or psychological function.
It is important to initiate the process as quickly as possible because states have statutes of limitations regarding how long after accident injuries you can sue someone. This will include taking care of initial medical issues, informing your insurance company, compiling pertinent information and then hiring an attorney who is familiar with motor vehicle accidents. All losses you are seeking compensation for must be documented by you in order to more easily illustrate why you are suing. You should keep all evidence that may be pertinent. Photos of the scene as well as records of conversations relevant to the incident will all help. In court you must also prove that the party you are suing was actually driving recklessly and is at fault for the accident injury. Police reports and insurance claims will often aid in this process.
If you are still unsure of whether or not you should or are even able to sue another driver, you can call a lawyer and try to arrange a free consultation for their initial advice.
