What to Do If You Have Been Sued After a Car Accident
Car accidents are stressful enough without litigation. Normally, both parties refer to each other's insurance, each person's level of fault is determined by evidence, and one or both people claim some amount of compensation. That's what car insurance is for. However, it is possible for one driver to sue the other for even more compensation than insurance will provide.
If you have been sued after a car accident, it can be both surprising and upsetting. Especially if the other person is claiming excessive damage and demanding a large settlement. Fortunately, you don't have to face this situation alone. We can help you understand what to do if the other driver files a lawsuit against you.
How Car Accident Lawsuits Happen
Car accident lawsuits occur when one person wants more money than is available through insurance. They believe that they can prove excessive damages or prove in civil court that you are more at-fault than insurance would certify. Their goal is to force a bigger settlement from your personal finances. While some car accident lawsuits are appropriate - such as when an at-fault driver is underinsured - many are frivolous cash grabs and can be deflected with a well-constructed defense.
Determine Your Risk
If you have been sued after a car accident, your first step is to determine your level of risk. This is determined by two factors. First: your level of fault in the accident and, second: how much real damage or injury the other driver experienced.
Accidents can represent one-party fault (one driver made a mistake) or shared fault (both drivers made a mistake) and shared fault can be measured in percentage. A shared percentage might mean that one driver was following the law but was inattentive while the other was driving recklessly, and the reckless driver has the greater percentage of fault.
You can also assess whether the other person appeared injured or said they were injured at the scene, how much damage you remember their vehicle taking, and whether they had passengers.
Reassemble Your Evidence
During the insurance phase of the post-accident process, you likely gathered evidence regarding the accident. You might have contact information for the other driver and witnesses, photos and video, mechanic reports, doctor reports, and so on.
Put together all your documents and files regarding the accident and prepare a portfolio.
Hire a Car Accident Attorney
The next step is to hire a car accident attorney to defend you in the lawsuit. Your lawyer will help you assess the situation based on the evidence, insurance results, and what the other person is claiming in the lawsuit they filed. Your lawyer will also help you prepare to defend yourself against unreasonable claims of fault, exaggerated damage and injury reports, and excessive settlement demands.
Build an Evidence-Based Defense
Together with your lawyer, you will build an evidence-based defense. You will work to prove that you had zero to minimal fault in the accident, that your insurance was sufficient for any existing damages, and/or that you cannot be held liable for any further claims. If necessary, your lawyer may also seek to disprove or destabilize the other driver's claims of fault, damage, or injury on which they built their case.
Defending Yourself from a Car Accident Lawsuit
Just because someone has filed a lawsuit against you after a car accident doesn't mean you are at fault or will be forced to pay out of pocket. This is a common tactic that some drivers use to try and get more cash, especially if the insurance claim didn't go their way. Schwartz Law Firm can help with expert legal defense and extensive experience in car accident litigation cases. Contact us today for the legal support you need to get through this challenging situation.
