If you suffered injuries in a car accident, you have a right to make an insurance claim to cover your losses. Depending on your state and who bears fault for the accident, you may make a claim with your own carrier or that of the other driver’s.
Sometimes, losses from an accident exceed the coverage afforded by an insurance policy. You can sue someone for a minor car accident, but generally, the criteria for a successful lawsuit are as follows:
- The other party owed it to you to drive safely
- They did not drive safely
- Their unsafe driving caused your accident
- You suffered injuries and financial losses
You can sue anyone for anything at any time, but that does not mean you will be successful or that it is the best path to take. If you can prove the above criteria, you might have the grounds to recover compensation for your losses related to the accident.
Filing a police report can help. According to the National Highway Traffic Safety Administration (NHTSA), about 30% of crashes do not get reported. If your accident was minor, you might not have reported it, but if you have yet to do so, file a police report—it can serve as evidence in your case.
Reasons To Sue Another Driver
Your minor car accident might be more substantial than you think. According to the Association for the Advancement of Automotive Medicine, even light collisions can lead to fatal injuries. Typically, there are a couple of reasons why someone would sue another driver.
Bills in a Minor Car Accident Add Up
If you suffered minimal property damage in the crash, you might have already covered those costs, and you might not be feeling any physical harm. You should seek medical attention after an accident, no matter how minor you think it is, as injuries might not present themselves until days or weeks following the accident.
At this point, your minor accident might be more costly than you originally anticipated. This is why it is always a good idea to get your health assessed as soon as possible following the accident. When you take into account the medical bills, property damage, and your own stress, you might benefit from taking legal action.
Negotiations Failed
If you have already negotiated with the negligent party or their insurance company, and they fail to compensate you fairly based on your expenses, you might consider consulting with an attorney.
They can tell you what you should expect from a settlement, and if the insurance adjuster or negligent party’s offer does not meet that expectation, you may consider a lawsuit. The majority of civil cases, including car accidents, settle without going to court, according to the Journal of the American Judges Association.
Personal Injury Lawsuit
If you suffered injuries in your minor accident, you might benefit from filing a personal injury lawsuit. In this case, you may recover compensation for expenses such as:
- Medical bills
- Prescription medications
- Medical devices
- Lost wages
- Lost earning potential
- Ongoing therapy or rehabilitation costs
- Pain and suffering
- Mental anguish
You could recover compensation for practically any bill that resulted from the accident that was not your fault.
There are possibly other types of lawsuits for car accident cases, for example, a lawsuit against a government agency if a road design flaw caused the accident. You could also bring a claim against the manufacturer if a defect in the car caused the accident. While it is likely that no one died in the minor car accident, if a loved one passed away, you could file a wrongful death suit.
Contact Ben Crump Law, PLLC Today
Ben Crump Law, PLLC is dedicated to helping victims of negligence get the justice they are entitled to. If you are wondering whether a lawsuit is beneficial for your minor car accident, a member of our team is willing to answer your questions.
When you retain our services, there is no risk to you, as we work on a contingency basis. This means we do not take any payment for our services unless and until we secure you the compensation you are entitled to for your injuries.
While you do not need an attorney to file a claim for compensation, having car accident attorneys on your side can allow you to focus on your health. We can build your case, negotiate with the negligent party or their insurance company, and, if needed, file a lawsuit and argue your case at trial.
Call Ben Crump Law, PLLC today at (844) 730-0233 for a free, no-risk case evaluation to determine whether you can sue someone for a minor car accident.
