When it comes to auto crashes,it is important to note that some states follow no-fault rules while others normally consider fault when making insurance settlements. Whether you live in a no-fault of fault-based jurisdiction,there are situations that may force you to file a car accident lawsuit after a car crash. Please note that the victims of an auto wreck do not always need to sue the at-fault driver.
What Happens After an Auto Wreck
After a traffic accident,policyholders only need to document the damage on the vehicle and take pictures of the scene. Exchanging of insurance information and personal details with the other affected parties is also recommended. Do not forget to record the license plate numbers of the other vehicles. Once you have the required information,you only need to notify your auto insurer and file a claim for compensation.
In case of a serious crash,you will have to call the police and your insurer to come and document as well as investigate the incident to determine who was at fault. After the investigation,you can file your claim.
When Can You Sue After a Car Wreck?
i) You Have Been Seriously Injured
If you have been seriously hurt during a car wreck,you will have to sue the at fault driver for the pain and suffering you experienced. After all,auto insurers do not usually offer compensation for pain and suffering experienced by victims of a crash.
ii) Injuries Cost More Than Settlement Offered
If the auto insurer is offering a settlement that is less than the injuries you experienced,you should sue. After all,you should not be forced to dip into your own pockets to pay for something that was not your fault.
iii) Denied Liability
If the auto insurer refuses to make a payout because of disputed liability,you should hire a auto accident attorney to help resolve the issue.