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Have you ever wondered, “Can someone sue you for a car accident if you have insurance?” You are not alone. The answer is yes, in many car accident cases, they can. Car accidents can bring many legal challenges, even if you have insurance coverage. Our St. Louis car accident lawyers at Goldblatt + Singer explain.
Various factors may impact whether you are liable for the injuries and damage that result from a motor vehicle accident. One of those factors is Missouri’s at-fault system for car accidents. This means the driver who was at fault for the accident is responsible for paying for the injured party’s losses. Examining evidence like police reports, witness statements, and traffic laws will help determine who was responsible for the accident. This system impacts the handling of both insurance claims and potential lawsuits.
In Missouri, the pure comparative fault doctrine applies when both drivers share some fault for the accident. The injured party can pursue compensation from the other party, even if both parties share fault for the accident, but each party’s compensable damages will be reduced in proportion to their share of fault. For example, if you are 30 percent at fault and the other driver is 70 percent at fault, your compensation will be reduced by thirty percent. This can affect the outcome of filing a lawsuit and insurance claim.
When you are involved in a car accident, and someone decides to sue you for their injuries and losses, you may wonder whether your car insurance will cover any potential settlements. Most standard auto insurance policies include liability coverage, which helps protect you in these situations.
It is important to recognize that your insurance policy has coverage limits. If the injured party’s losses exceed these limits, you could be personally liable for the portion of their losses your policy doesn’t cover. For example, if your policy covers $50,000, but the damages are $75,000, you might be responsible for the remaining $25,000. This can put your personal assets at risk.
Additionally, aside from liability coverage, there are other types of coverage to be aware of. These include:
Bodily injury liability insurance typically covers various expenses that may arise in the event of a legal claim against you, up to the limits of the policy. This includes any legal fees and court costs associated with defending your case. Additionally, it covers any settlement amounts awarded to the other party up to your policy limits.
If you’ve been injured in an accident that was someone else’s fault, follow these steps to file an insurance claim effectively:
The insurance company might present a settlement offer soon after you submit your claim. Let your lawyer review it to determine whether the offer is fair. If not, they’ll negotiate for a better deal.
Even with car insurance, you might face a lawsuit if the other party believes your insurance won’t cover all their losses. There could also be a lawsuit if they want additional compensation for pain and suffering or if there are disputes about the accident details.
You’ll receive a lawsuit notice if you are sued after a car accident. After receiving the notice, it is essential that you:
Regularly review your insurance policy to ensure it meets your needs. Consider these tips:
In addition, it can be helpful to consider additional coverage to protect yourself after an accident. This can include:
Even with insurance, you might face lawsuits if the injured party’s losses exceed your policy limits or other disputes arise. By knowing your insurance coverage, the legal process, and your additional protection options, you can effectively protect yourself and your assets.
If you’ve been injured in a car accident, contact the team of St. Louis car accident lawyers at Goldblatt + Singer by calling (314) 231-4100 or completing our online form to get started with a consultation. Our firm is here to explain your rights and fight to protect them. With our years of experience and a positive track record, we can help you with your case.