Do I Have A Car Accident Lawsuit?
Most people won’t ever experience a car accident – which is a good thing. If you have been involved in a car accident, you may be wondering if you have any legal options. Do I have a car accident lawsuit?
In this article, we will discuss in general terms how car accident lawsuits work in our service areas: Pennsylvania, New Jersey, and Maryland. Some of this information may be different depending on circumstances and where your car accident happened. If you have any questions, contact a personal injury attorney near you for advice.
Things To Consider About A Car Accident Lawsuit
The details and circumstances of your specific car accident will determine if you have grounds for a lawsuit. Details to consider:
- Who is at fault?
- Seriousness of injuries.
- Costs associated with the injuries (medical expenses, time off work, etc.).
- Amount of insurance coverage available.
Who Is At Fault
If you weren’t at fault for a car accident, you might feel victimized by the situation. It can all be overwhelming. You have to find replacement transportation. Schedule medical appointments. Take time off work. It is frustrating the amount of time and energy you’ll waste trying to get help. Despite being a safe driver, you’re the one who has to navigate the claims process because of someone else’s bad driving. You’ll spend a lot of time, money, and energy trying to get your life back to normal.
RELATED ARTICLES:
Car Accident Results in $42 Million – Jury Verdict
Economic Damages Explained
If you were the at-fault driver your insurance coverage will dictate what is covered. If you have the correct coverage, you’ll still pay the deductible before insurance will pay to fix your damaged vehicle.
Seriousness Of Injuries
The seriousness of your injuries can help determine if you have a claim against the at-fault driver. Property and vehicle damage claims are different from physical injury claims.
Property Damage Only
Cars are increasingly safer for drivers and passengers. As such, many car accidents will result in vehicle damage only. If the car accident results in property damage only consider yourself lucky. Vehicles, though expensive, are replaceable. If you were at fault for the crash, your insurance policy will dictate what expenses are covered – up to your policy limits.
If you were not at fault for the accident, you may have the option to file the claim under your own insurance or the at-fault driver’s insurance. There may be slight advantages to one over the other depending on your personal situation. Either way, the claim will be processed according to the policy limits in place. If your car is repaired, don’t forget to demand diminished value for your car.
Personal injury attorneys do not typically help with property damage claims.
Property Damage and Injury
Car accidents with injuries are different than claims with only vehicle damage. This is because there is usually a certain amount of pain and suffering that comes with an injury.
If you weren’t at fault for a car accident with injuries, you can pursue a claim against the at-fault driver for your injuries. You might be limited in an injury claim depending on your insurance coverage.
In states like Pennsylvania and New Jersey, drivers select full or limited tort insurance. Full tort coverage entitles injured people to seek compensation for pain and suffering. Limited tort drivers may sue the at-fault driver if their injuries meet certain conditions.
Maryland drivers can sue the at-fault driver for injuries. However, Maryland is one of the few states that will prevent the injured person from suing for damages if the victim was partially at fault for the crash. Learn more about comparative negligence.
Physical Injuries
Your ability to file an injury claim against the at-fault driver – or your own coverage – will depend on the seriousness of your injuries. Generally, minor injuries won’t qualify for big compensation. Even if you have minor injuries, a personal injury attorney may be able to help you.
If you have questions about how you might be compensated for your car accident injuries, talk to a personal injury lawyer licensed to practice in the state where the accident occurred.
Serious car accident injuries are often limited by available insurance coverage. This is a sad truth about many car accident injury claims. Compensation is limited by available insurance coverage.
Available Insurance Coverage
For injuries, the at-fault driver can be held financially responsible. Again, your compensation may be limited by the circumstances of the accident and your own car insurance coverage options. Full tort, better than state-minimum coverage, and uninsured/underinsured coverages are your best protection.
Coverage For Medical Expenses
Car insurance policies in Pennsylvania and New Jersey include a certain amount of coverage for medical bills. It doesn’t matter who caused the accident, your insurance covers a certain amount of medical costs. This coverage is called Personal Injury Protection (PIP). The default coverages can be small considering the expensive nature of medical care.
Maryland car insurance does not include personal injury protection, but drivers can select it as an additional coverage option. The low end of this coverage starts at $2,500. Most people understand this isn’t enough to cover medical expenses from a car accident injury.
Different states have different car insurance coverage requirements. For additional medical expenses, you’ll need to file a claim against the at-fault driver.
Suing The At-Fault Driver
The at-fault driver might have more coverage available to compensate you for your car accident injury. In Pennsylvania, the state-minimum coverage the at-fault driver must carry is $15,000/$30,000 for bodily injury.
In any state, you will need to be able to prove the other driver was at fault for the accident. People injured in Pennsylvania and New Jersey will need to show the at-fault driver was 51% or more responsible. In Maryland, an injured person needs to prove they were in no way at fault for the crash.
You might also have coverage to protect you against uninsured or under-insured drivers. This means, if the at-fault driver doesn’t have coverage (or enough coverage) you can file an additional claim with your own insurance.
Don’t Try To Do It Alone
Trying to handle a personal injury claim on your own is risky. Injury attorneys use their knowledge and experience to help injured people. A personal injury attorney can help you get the maximum compensation you deserve.
Car Accident Lawsuit Attorneys
If you have been injured in a car accident that wasn’t your fault, a car accident injury attorney may be able to help. If you have questions about your situation, talk to a local injury attorney. Kane & Silverman helps injured people in Pennsylvania, New Jersey, and Maryland. Contact us today for a free car accident injury consultation. You don’t pay us anything unless we recover money for you. No win, no fee.