After a car accident occurs, things can quickly become complicated. You may believe that everything is being handled by the insurance companies and that your worries are over. This may not necessarily be true, especially if you are found at fault for the accident. A few weeks or even months after an accident happens you may find yourself asking – “What should I do? Someone is suing me for a car accident!”
The first thing that you should do is stop panicking. It is natural to feel like the world is ending at that very moment. You have just read the legal paperwork and can see that the Complaint says that they are seeking damages over $25,000.00. That can cause anyone to lose their breath. Once you stop panicking, however, you can begin to take action.
Can Someone Sue Me for A Car Accident?
The State of Massachusetts views vehicular accidents as No-Fault events. This means that the person who has been injured in an accident must first turn to their own insurance company and private health insurance first for coverage for their injuries.
The law states that an injury victim can only seek damages from the other party if the accident led to:
- The loss of limb, vision, or hearing;
- Involved fracturing a bone;
- Caused someone to lose their life; or
- The medical costs are more than $2,000.
If the injured party seeks damages from the other person involved in the accident, they will first sue their insurance carrier. The outcome of this lawsuit is where things may become a little complicated.
In most cases, your insurance company will cover the costs associated with the lawsuit. That is, after all, one of the protections that you pay for when you purchase a policy.
If the payout to the injured party was greatly above your policy threshold, your insurer might take legal action against you to recoup some of the money that they lost. This will depend on the policies of the insurance company.
If you were not insured at the time of the accident, the other party might have the right to sue you individually. If you were insured at the time, but are not now, speak to your previous insurance company. The event would still be covered under your old policy.
What Happens If Someone Sues Me for A Car Accident? – The Best Answer
Many different legal issues come into play when someone decides to file a lawsuit against another person for a car accident. For the most accurate answers to this question, you are encouraged to speak with a car accident attorney.
Having an attorney represent your case gives you many advantages over trying to sort out this mess on your own. Your attorney can:
- Verify if the person has the right to seek damages against you
- Have accident reconstructions review the accident report to determine true fault
- Check the Statute of Limitations to see if it applies to the case
- Negotiate with the insurance company to make a settlement from your policy
- Negotiate with the other attorney for a fair and complete settlement
- Protect your rights
- Use their legal knowledge and expertise to manage the case effectively
Perhaps the largest benefit of using an attorney to handle your case is the fact that you do not have to do it yourself.
The insurance companies will push for you to handle the issue yourself, but that is because they have their own best interest in mind. Your inexperience in handling lawsuits and insurance policies will always be to their advantage. In the end, the person suing you will win, the insurer will win, and you face a potentially large debt.
Avoid all of these complications by working with an attorney when someone decides to sue you for a car accident.
