Who Am I Actually Suing After a Car Accident?

February 24, 2023

Here are some general guidelines:

  • If the accident was caused by another driver's negligence or reckless behavior, you may be able to sue the other driver for damages. Negligence can include actions such as texting while driving, running a red light, or failing to yield to the right of way.
  • If the other driver was working at the time of the accident, you may also be able to sue their employer. For example, if the driver was a delivery driver or driving a company car, their employer may also be liable for any damages or injuries caused by the accident.
  • If the accident was caused by a defective part in one of the vehicles involved, you may be able to sue the manufacturer of that part.
  • If the accident occurred due to poor road conditions or inadequate road maintenance, you may be able to sue the government agency responsible for maintaining the road.
  • If the accident involved a commercial vehicle, such as a semi-truck or bus, you may be able to sue the company that owns the vehicle or employs the driver.

Will the person-at-fault or will it be their insurance company that pays for the damages?

Typically, the person at fault for the car accident is responsible for paying for the damages caused by the accident. However, in many cases, the at-fault driver's insurance company will step in to cover the cost of damages and injuries up to the policy limits.

In most states, drivers are required to carry liability insurance that covers damages they cause to others in an accident. This insurance is designed to protect the at-fault driver from having to pay for damages out of their own pocket. Instead, the insurance company will pay up to the policy limits for any damages or injuries caused by the accident.

If the damages or injuries exceed the at-fault driver's insurance policy limits, they may be responsible for paying the additional amount out of their own pocket. Additionally, if the at-fault driver doesn't have insurance, they may be personally responsible for paying for damages and injuries caused by the accident.

It's important to note that insurance companies will often try to minimize their financial responsibility, so it's important to work with a qualified personal injury attorney who can help you navigate the claims process and ensure you receive fair compensation for your damages and injuries.

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