When you’re in a car accident that you didn’t cause, you might be wondering about legal actions against the at-fault driver. Can you sue a driver after an accident? You absolutely can file a personal injury lawsuit for a car accident to sue the at-fault driver personally.
However, there are things you should know about the process and what is involved before you take these steps. Wagner Reese is a personal injury law firm that represents car accident victims and helps them pursue legal action. In this blog post, we explain what you need to know about suing personally after a car accident and how an Indianapolis auto wreck lawyer can help.
Understanding Liability for a Car Accident in Indiana
When you’re in a car accident in Indiana, liability is essential to determine, as this indicates who is responsible for the crash. Indiana Code § 34-51-2-6 states that you must be found to have less fault than the other parties involved, or you will be barred from seeking compensation. A successful lawsuit, however, requires that you follow the proper steps to establish liability. If you want to sue someone personally for the car accident, you must be able to prove that they meet the four elements of negligence, which would make them liable for your damages.
Duty of Care
Showing that the at-fault driver owed you a duty of care is the simplest piece of the puzzle. Every driver owes all other drivers in the same vicinity on the road a duty of care to drive safely and abide by traffic laws.
Breach of Duty
Proving fault moves into showing that there was a breach of this duty of care in the car crash. You need to show that the responsible party took some sort of negligent action, such as texting while driving, reckless driving, or being intoxicated behind the wheel. As this requires investigation and evidence, it is wise to work with an experienced car accident attorney when suing the driver personally.
Causation
The breach must then be directly linked as the cause of the car accident, which may also see some challenges depending on the circumstances of your case.
Damages
Finally, you need to prove that the breach and causation led to your injuries and damages sustained.
Keep in mind that you may face some liability yourself, and proving that you did not fault in the matter will undoubtedly require an experienced personal injury attorney to help lead the way.
Steps to Take After a Car Accident
Before you can sue someone personally after a car accident, you should take the proper steps in the aftermath. This quick checklist can help you follow proper procedures:
- Call the police and report the accident, and get a copy of the police report.
- Get immediate medical care, which establishes medical records, and keep track of your medical expenses.
- Contact your own insurance company, as you must notify them when you are involved in a car accident, even if it isn’t your fault.
- Exchange contact information and get the other driver’s insurance company information, allowing you to make a claim.
- Gather evidence through photos and videos, and get contact information and statements from any witnesses.
- Make sure you follow all the advice of your doctors and attend all doctors’ appointments.
- Don’t talk about your car accident to anyone or post about it on social media.
- Do contact an experienced car accident attorney to learn about your legal options and get the help you need to proceed with the legal process.
Can I Sue Someone Personally After a Car Accident? Understanding Legal Grounds
As mentioned, you can certainly take legal action against the responsible party. However, it’s worth noting that you should first try to go through the other driver’s insurance company. The insurance company for the at-fault driver will review your claim and may offer a settlement.
This settlement may be too low to cover all of your medical bills caused by their negligent policyholder. It likely won’t factor in other economic and non-economic damages you’ve sustained. Your claim may even be denied, which is essentially why you’ll want to work with an experienced lawyer from the start. They will be able to help you navigate the claims process and move to pursuing a successful lawsuit if necessary, when negotiations on the claim are insufficient.
When the Other Driver Is Uninsured
Another issue that may arise is that the other driver may not be insured. You would need to file an uninsured motorist claim in this situation. The Indiana Department of Insurance states that uninsured/underinsured motorist coverage must be included in every newly written insurance coverage policy unless you reject it in writing.
If you have uninsured/underinsured motorist (UM) coverage, your own insurance company would cover your damages up to the limits of the policy. The biggest issue here is that most people choose the minimum coverage requirements offered by the insurance company. If you have sustained serious injuries amounting to expensive medical costs, lost wages, property damage, and tons of other financial burdens and emotional impacts, you will want to sue someone personally to recover the fair amount you deserve.
After all, why should you be stuck with the bills when someone else caused the car crash?
Personal Injury Claims Through the Insurance Company for a Car Crash
Filing a personal injury claim first with the at-fault driver’s insurance company is strongly encouraged. You should take this step to file an insurance claim to recover your financial losses. You will need to submit evidence, and the more of it you have, the easier it will be to establish liability and prove the other driver is responsible.
However, when you make this insurance claim, you should know that insurers will look for ways to avoid a fair settlement. They may claim the at-fault driver wasn’t entirely responsible, drag out the process, or offer much lower than the amount of your expenses caused by this event. The at-fault driver could still try to turn it around on you, and then the process will drag out over who is to blame. You may be denied on your insurance claim as well.
In the event that the other driver is uninsured, it is easy to see why maintaining uninsured /underinsured motorist coverage (UM /UIM) is so crucial. Still, even if you rejected this coverage in writing, you are not at a total loss yet. It is possible to sue someone over these losses; however, be advised that their financial resources may not be enough to compensate you in the way you deserve fully.
When the at-fault driver is uninsured, their policy limits are low, and they have a low net worth, it is vital to speak with an attorney who can help you through this difficult time.
Potential Compensation Sought from the At-Fault Party
If you are successful in proving fault and liability of the other party after a crash, you can pursue compensation through the legal process, such as:
Medical Bills
The at-fault party will need to cover your medical bills, as well as any future medical costs related to the injuries they caused you to sustain.
Lost Wages
If your injuries caused you to miss work for the short or long term, you can also seek lost income in your lawsuit.
Property Damage
You can sue for the cost of repairing or replacing your vehicle, which would also include any personal property damaged in the process.
Non-Economic Damages
You can also seek compensation for mental anguish, loss of enjoyment of life, pain and suffering, and other intangible losses.
How an Experienced Attorney Can Help You Sue a Driver Personally
It is not easy to take these steps on your own, especially with serious injuries. Contact the legal team at Wagner Reese to schedule a free consultation and learn more about how we can investigate and negotiate for the money you deserve.
