Can I Sue Someone Personally After a Car Accident?

After getting into a car accident, your biggest concerns are probably your injury pain and how to pay for medical costs. Medical expenses and vehicle damage are not cheap, even in minor accidents. You might wonder if you can sue someone personally after a car accident.

While this may be an option, it’s not usually necessary. You typically go through the driver’s insurance company for reimbursement of your costs, not the driver individually. However, there are situations where your Atlanta car accident lawyer may recommend a lawsuit.

Is It Worth It to Sue Someone Personally After a Car Accident?

It can be worth it to sue the other driver for additional compensation, especially if the insurance claim has already paid out the maximum amount you can file for in your claim.

However, don’t delay, as certain time limits can affect your case, and if you wait too long, the courts could deny your claim entirely. Speak to an attorney today to determine which avenue is best for you to pursue in your case.

Your First Step: Negotiating With the Insurance Company

Our lawyers can help you negotiate a fair settlement with the at-fault driver’s insurance company. Many times, if you have an experienced attorney, you and the insurer can reach an agreement. You would receive the insurance settlement, and the case would be closed.

Sometimes, the insurance company won’t budge on what they’re willing (or unwilling) to offer you. If extensive negotiation is still getting you nowhere close to covering your costs, consider suing the driver personally after the accident.

Situations Wherein You Can Sue Someone Personally for a Car Accident

Here is when to consider filing a lawsuit against someone personally:

Catastrophic Injuries

The first situation is when your accident damages far exceed the policy limits. If traumatic brain injuries, spinal cord injuries, or multiple broken bones are caused by the accident, it may be necessary to sue someone personally to make up the difference so you can meet your medical needs. 

Catastrophic injuries can impact your quality of life for the duration of your life, and the costs of ongoing care are prohibitive. If the responsible party has the assets and financial resources necessary to cover your losses, your car accident lawyer may suggest filing a lawsuit.

Your Injuries and Losses Exceed Their Policy Limits

Should your claim for compensatory damages against the negligent driver be denied by their insurer, or if their proposed settlement seems unreasonably low, resorting to a lawsuit may become your best option.

However, be aware that most states will not allow you to sue the insurance company directly, and instead, you will have to pursue legal action against the driver.

If the at-fault driver is uninsured, they will not have an insurance company to send a claim to. In this situation, you will have two options:

Suing the Driver Individually

As someone injured in an accident, you have the legal right to file a claim against the driver who caused the crash. However, many drivers who cause accidents don’t have enough money or assets to fully pay what they owe if you win your case against them.

So even if you “win” and prove you deserve compensation, it can be very difficult to actually collect all of the money you’re entitled to. That’s why it’s so important to have an experienced car accident lawyer on your side if you decide to take legal action.

A skilled attorney understands the complicated legal process and can review the details of your situation. They’ll assess the strengths of your case and advise you on the best path forward, including explaining your realistic chances of getting compensation through a personal injury lawsuit.

Filing an Uninsured Motorist Claim

If you’re in an accident with an uninsured driver, you know how traumatic it can be. The thought of paying for all the expenses can be daunting, but worry not because you have a second option.

You can turn to your own insurance company and use your uninsured motorist (UM/UIM) insurance coverage. Here are some factors to consider about uninsured motorist claims:

• This auto insurance policy is optional, but most drivers have it unless they opt out.
• The policy covers you up to a certain amount if an uninsured driver hits you or if the at-fault driver does not have sufficient insurance coverage.
• This means you do not have to pay for all the expenses from your pocket.

However, even with uninsured motorist insurance coverage, it may not be sufficient to cover all your expenses. This is why you should seek damages from the at-fault party. This can be done by filing a lawsuit.

But before you take any legal action, it is best to seek legal advice from an experienced car accident attorney who understands the traffic accident laws in your area. This will ensure that you clearly understand your legal rights and options.

Proving Fault and Liability After a Car Accident

Determining the liable party is the most important factor in a Georgia car accident. Here’s how it works:

• All drivers must act in a way that does not harm other drivers.
• If a driver fails in that duty, they have been negligent.
• When the driver’s negligence leads to accident injuries, property damage, and other financial losses, that driver is at fault.

Laws about liability and negligence will vary by state. Since Georgia is a fault state, the at-fault driver is responsible for all costs of the auto accident they caused.

You Can Still File for Damages Even if You Were Partly at Fault for the Accident

A person injured by another person’s breach of duty of care has the right to recover damages they suffer.

If you were hurt in a car accident caused by another driver, you are likely entitled to seek full and fair financial compensation for your damages. You can do this even if you hold partial fault in the accident as long as you are not 50% or more at fault.

Types of damages you may be eligible to recover include:

• Medical care costs
• Loss of income – lost wages
• Emotional distress
• Property damage
• Pain and suffering
• Loss of enjoyment
• Loss of consortium for spouses

Filing a Personal Injury Claim Is Easier When You Hire an Attorney to Help You

Taking the initial leap of filing a personal injury claim is crucial to obtaining the compensation you deserve. You can begin by filing a claim with the at-fault driver’s insurance company. Once done, the insurance provider will:

• Determine who was liable
• Evaluate whether they will agree to the settlement you seek
• Present a counteroffer
• Dismiss your claim

Regrettably, insurance companies tend to be averse to paying substantial settlements in vehicular accident cases. Therefore, they will likely present a low offer or reject your claim. In this instance, seeking the aid of an auto accident attorney is highly advisable.

An Atlanta personal injury lawyer can assist you in negotiating and pursuing full reimbursement of the compensation owed to you.

You Have a Limited Amount of Time to Sue Someone After a Car Accident in Georgia

If you decide to personally sue the driver for your car accident, your time for choosing a legal option is limited. You have “two years after the right of action accrues,” meaning you have two years from the date of your car accident to bring your case. This is known as the statute of limitations.

You must get started as soon as possible. Many steps are involved in a lawsuit, and you may have to wait. Even if you win your accident lawsuit and the other driver must pay you, you may not immediately get the full compensation you deserve. There’s a whole process that requires the prowess of a personal injury lawyer.

Our Experienced Personal Injury Attorneys in Georgia Can Help You With Your Car Accident Claim

If you are worried about getting the compensation you need and deserve after a car accident, contact the legal team at John Foy & Associates. During a FREE consultation, we can look at the details of your case and determine the best course of action for you.

If that involves suing someone personally after your accident, we will be there every step of the way. We have been helping car accident victims win the money they need for over 20 years. We know what it takes to win a successful case from start to finish. To schedule a FREE consultation today, call us or contact us online.