Can someone sue you for a car accident if you have insurance?
This is a common question that most people find themselves asking, once they are involved in a car accident and especially if they are the ones in the wrong. Getting engaged in an accident is by itself a frustrating situation, and can only get worse if the other party decides to sue you for the damage.
However, having your car insured, which is a legal requirement in most states and countries, and can call for heavy penalties if one is not observed, gives you some hope. Your insurance company is supposed to pay for the damage directly to the other party involved, without involving you. This can only be done if the accident was not done intentionally or you were not driving drunk. In most cases, this settles the situation and no legal action is a supposed to be taken against you.
Nevertheless, there are rare scenarios where the other party may still be dissatisfied with the compensation made to them by the insurance company, and goes ahead to file a lawsuit against you. This could be because the compensation made was limited as compared to the damage, or because of any other damage that may have resulted from the accident, such as emotional distress, pain, and other losses.
What to do if you are sued
1. In such a situation, the first thing should be to alert your insurance company and present them with the suit papers. Your insurer, will, therefore, give you a more profound guidance on the next possible step. This might be a further compensation for all the legal damage, represent you in court, or hire you an Attorney.
2. Hire a car accident lawyer, in case the insurance company does not do it for you. The lawyer will help you assess the total damage caused and also defend your interests in court. The lawyer will also be able to reconstruct the charges and investigate whether it was an individual or a shared fault. He or she also has the power pressurize your insurer, to cater for the whole damage in case they are refusing to pay for the damage or are paying for just a given percentage.
Understanding your insurance company policies can help you avoid the stress and complexity of such processes considering that every company, has its own terms and limits for any damage compensation. Keeping your insurance cover up to date by consistently paying their required premium rates is also very important. No insurance company will accept to take liability for a damage if your insurance cover is expired or invalid.