Car Accident Lawsuit – Can I Sue A Driver For Causing My Accident?

January 4, 2021

In Georgia, auto accident claims are usually handled by insurance companies. Drivers are legally obliged to carry car insurance, basically to prevent the need for a lawsuit. The insurance companies typically compensate for personal injuries and damages caused by a car accident.

However, if this does not happen, drivers have the right to sue each other to seek compensation. If you or someone you care about was involved in an accident and did not get compensated, or there is a delay in payment, speak to a Georgia car accident lawyer to assist you through the legal process and protect your rights.

Reasons For Filing A Lawsuit

The process of claiming your expenses from the at-fault party in an auto collision is usually straightforward. The driver’s insurance provider responsible for the accident will take care of the costs resulting from it. If this system fails to work things out, then a lawsuit will be the optimum way to resolve it.

A driver involved in an auto accident may proceed with filing a lawsuit for the following reasons:

  • No insurance – If one of the drivers involved in the incident is not insured, they will not have an insurance company to send the claim to. The only way for the other party to get compensated is through a personal civil lawsuit.
  • Limited liability insurance –  Usually, the limits for damages or property loss are sufficient, but personal injury claims may exceed the limits. If the insurance company cannot fully cover the personal injuries’ expenses, the claimant may resort to court.
  • The compensation process is slow – There is a statute of limitations in filing a lawsuit, and people do not always have the patience to wait for the claim process. The time limits make people feel stressed and proceed with suing before the insurance company concludes the settlement procedure.
  • The insurance claim may be denied.
  • The at-fault driver refuses to negotiate or offers a meager settlement.

What To Do If I Get Sued For An Auto Crash?

You have to act fast. Seek advice from a Georgia car accident attorney as soon as possible. If you do not react promptly, it may result in a very costly process. However, keep yourself calm.

Most of the time, an auto accident lawsuit results in a reasonable personal settlement or the insurance company covers the claim. An experienced car accident lawyer can guide you through the legal process.

Defense Strategies To Resolve The Lawsuit In Your Favor

Your Insurance

Insurance companies are legally obliged to their clients. In delaying payment or denying a claim, a lawyer can find ways to put pressure on the insurance company to approve and pay the claim.

Other Insurance Options

If a driver does not have car insurance, their attorney can explore alternative options to help them pay and reach a settlement. A driver may be covered by medical insurance or an uninsured motorist plan and partially cover some of the expenses.

The “At Fault” Concept

When involved in a car accident, you should never admit that you are at fault. Most of the time, it is your word against the other driver in car accident cases. An experienced lawyer will study your case and analyze the evidence to prove whether the fault should be shared. If your lawyer manages to prove they were more than 50% responsible for the collision, then you will not be liable for any of their expenses. Nevertheless, if your lawyer manages to prove that the other driver was only partially responsible for the accident, the amount you have to pay will be reduced.

Types Of Compensation

Some of the different types of damages a plaintiff has the right to claim compensation for are:

  • Loss of income
  • Medical costs
  • Pain and suffering
  • Car damages cost
  • Wrongful death

The jury will decide the amount that will be awarded to the plaintiff. If the defendant is not entirely responsible for the incident, the plaintiff may not receive full compensation for their damages.

Contact a Georgia Auto Accident Attorney

If you or someone you love were involved in a car accident, contact Joe Durham Jr., P.C. law firm today for your free consultation. Our experienced car accident attorneys are available to help you protect your legal rights and guide you through the process. Our team of lawyers can look at your case and recommend the best next steps. They can also advise you about the potential outcome if you go ahead and file the lawsuit.