If you or a loved one has been injured in a car accident and the other driver is at fault, you may be wondering how you’ll get the compensation you need to cover any damages and injuries you incurred in the collision. In most cases, the other person’s insurance will cover your medical and other expenses following the car accident. However, some insurance companies are not as willing to provide adequate compensation. Working with an experienced car accident lawyer is the best way to ensure you receive the settlement you deserve for the injuries and damages that came as a result of the crash.
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What Does It Mean To Sue A Car Insurance Company?
Suing a car insurance company simply means that you file a lawsuit against the company in order to obtain the compensation you deserve following a car accident caused by one of the company’s policyholders. While the word “sue” may conjure up images of long days spent in court battling it out with the defendant’s attorneys, when it comes to car accident cases, this is rarely the case. In fact, most personal injury lawsuits related to automobile accidents will reach a settlement before they go to trial, meaning you won’t have to worry about attending court hearings or proceedings.
Auto insurance companies want to settle rather than go to court to avoid the unpredictability of a trial and to reach closure as soon as possible. This means that the insurance company is more likely to pay out a settlement rather than go to court. However, the settlement that an insurance company offers isn’t always in your best interest; in fact, many auto insurance companies want to payout as little as possible, or act in bad faith. Without an expert auto injury attorney, you may be coerced into agreeing to a settlement offer that is less than what you’re entitled to. Once the release is signed and the claim is closed, you cannot receive any additional compensation for that claim.
Experienced personal injury lawyers like those at Florin|Roebig can protect accident victims from being cheated by insurance companies and their adjusters. We are well-versed in how to best strengthen your case and negotiate with the insurance company to ensure you get the compensation you need and deserve. Before you decide to sue an insurance company for damages and injuries incurred during an auto accident, be sure to speak to one of our dedicated attorneys.
When Can I Sue A Car Insurance Company?
It’s most common to sue a car insurance company if the at fault parties auto insurance company denies your claim or refuses to payout a fair settlement. There are several factors to consider when determining if suing an auto insurance company is the best course of action. These factors include:
Who’s Liable For The Accident
Suing the other driver’s insurance company will only be worthwhile if they are at-fault. You must be able to prove the other driver was at fault for the car accident before trying to sue their auto insurance company. An expert car accident lawyer can help you determine who was at fault and also help you determine the compensation you’re entitled to based on the injuries you incurred and any percentage of fault you may hold in the accident.
It’s also important to determine whether the at-fault driver was acting in a negligent way when determining whether to sue their insurance company. Each state differs on how it requires auto insurance companies to payout damages in regards to the at-fault driver’s negligence. Again, an experienced attorney can help you navigate this situation and determine whether you have a viable case.
The At-Fault Driver’s Insurance Coverage
Another factor to consider when determining whether to sue an auto insurance company is to find out if the at-fault driver has sufficient insurance coverage to cover your damages and injuries. If the driver does not have adequate coverage, you may want to consider suing. And, if the driver does have adequate coverage but their insurance company is refusing to payout a fair settlement, this is another situation in which you want to consider suing their insurance company.
Types Of Motor Vehicle Accidents
Car accidents happen for a variety of reasons that range from dangerous driving conditions to reckless behavior on behalf of the at-fault driver. The most common causes of car accidents in the United States include:
- Speeding
- Aggressive driving
- Violating traffic laws
- Driving under the influence of drugs or alcohol
- Distracted driving, such as texting or eating while driving
- Defective vehicle parts
- Traffic signals that are malfunctioning
- Roads that are poorly maintained
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Types Of Injuries Caused By Car Accidents
There are a number of injuries that can result from a car accident. These injuries range from minor to life-threatening or deadly. Any injury incurred during a car accident should be taken seriously, even if it doesn’t feel serious at the time.The following are a few of the most common injuries sustained during auto accidents:
- Whiplash
- Brain trauma
- Internal bleeding
- Fractures
- Cuts and scrapes
- Concussions
- Neck injuries
- Rib injuries
- Broken bones
- Road rash
- Bruising on any part of the body
If you’ve been injured in a car accident, it’s imperative that you seek medical treatment immediately, even if your injuries do not seem serious. There are several instances in which injuries from a car accident can arise hours, days, or even weeks after the accident occurred. Seeking treatment can support your claim with the insurance company and increase the likelihood that you get the compensation you deserve following an accident.
What Are The Different Auto Accident Claims I Can File With A Car Insurance Company?
There are two primary car accident claims you can file with an insurance company following a car accident. These types of claims include:
- Personal injury claims: This is the most common claim filed following an auto accident and is when a person seeks compensation for injuries sustained during the car collision. Personal injury claims typically cover lost wages, medical bills, ongoing medical care, and medical negligence.
- Property damage claims: This type of claim is also commonly filed after a car accident and provides coverage for any damage to property as a result of the car accident. Property damage claims may cover vehicle repairs, vehicle replacements, car rental costs, and the replacement of valuable items that were damaged in the collision.
Types Of Coverage Offered By Car Insurance Companies
Each car insurance company will offer different types of coverage. The type of coverage the at-fault driver has with their car insurance company will impact the compensation the company is willing to payout to cover your injuries and damages. The most common types of coverage provided by auto insurance companies include:
Collision Coverage
Collision coverage offers monetary assistance to the insurance carrier in the event that their vehicle is damaged as a result of a collision with a stationary object or another car. For example, if you are in a collision and you hit a tree and your car incurs damage, collision coverage would cover the costs associated with repairing or replacing your vehicle.
Liability Coverage
Liability insurance coverage is a type of coverage that protects a policyholder in the event that they are liable for an auto accident and the accident caused injury or death to another individual. This type of coverage will pay for the other driver’s pain and suffering, medical expenses, lost wages, and other expenses associated with their injuries and damage as a result of the car accident.
Comprehensive Coverage
Comprehensive car insurance coverage provides assistance to policyholders in the event that they experience damage to their vehicle as a result of a natural disaster such as a fire or flood or glass damage.
Documents To Keep When Suing A Car Insurance Company
Even if you’re unsure of whether you’ll need to sue an insurance company, there are several documents you should maintain following an accident. These documents will support your case should it go to court and can assist your attorney in proving your case. They can also help ensure you get the most compensation possible for your injuries and damages.
The following are documents to keep track of after a car accident:
Medical Records
Be sure to keep track of all medical records that are related to medical treatment you receive as a result of injuries sustained during the accident. From the initial medical examination to the follow-up doctor’s appointments, keep all records in a safe place and be prepared to share them with your attorney.
Loss Record
You should also keep track of any losses you’ve incurred as a result of the accident. For example, if you had to take time off of work to deal with injuries as a result of the accident, keep track of every day you missed work. You should also get a signed letter from your physician that shows the reason you took off work was directly related to the auto accident.
Additionally, other losses you should keep track of include activities you can no longer participate in due to injuries, activities you’ve had to hire help for as a result of not being able to do them any longer as a result of the accident, and whether you performed activities that increased your pain.
Expenses
You should also keep a detailed report of all expenses you pay out-of-pocket as a result of the car accident. Expenses to keep track of include medical bills, hotel stays, and mileage incurred driving to and from doctor’s appointments.
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Hiring An Auto Accident Attorney To Sue A Car Insurance Company
Seeking help from an experienced auto accident attorney is always advisable following a car accident, especially if you are not at fault for the collision. An expert attorney, such as those at Florin|Roebig, will guide you through the insurance claims process and assist you every step of the way. And, in the event that the insurance company does not payout the settlement you are entitled to, we will fight for you until you get the compensation you need and deserve.
We have offices in Texas, Florida, Colorado, and Minnesota, and our dedicated attorneys are ready to help you. Call us today for a free consultation.
