What to Do If Someone Sues You for a Car Accident
If you recently experienced a car accident and the other driver has threatened to sue you in addition to working through insurance, you may be interested in learning more about the process.
In this article, we’re taking a closer look at what to do if someone sues you for a car accident.
Introduction
According to Driver Knowledge, there are 6 million car accidents in America every single year. Out of all of these incidents, around 2 million leave at least one person involved with permanent injuries. Millions more result in extreme damage to the vehicle, serious injuries, or even loss of life.
Statistics like these make it easy to understand why someone might sue you if you get into a car accident with them. Sometimes, lawsuits are warranted, but they can also be misused by people just looking to make a quick buck.
As the person being sued, you must take control of the situation and ensure your rights are protected at all points throughout the process.
Here’s what to do if someone sues you for a car accident.
What to Do If Someone Sues You for a Car Accident
If you receive notification that you are being sued for a car accident, your first and most important step should be to contact a lawyer. Going it alone is rarely, if ever, recommended. Not only can you inadvertently misrepresent yourself, but you could even jeopardize your case by missing key technicalities and information.
Is your lawsuit through the small claims court? Although the state of California does not allow plaintiffs to have legal representation at this level, you shouldn’t assume that it means you don’t need to consult a lawyer. Remember that the other party is still free and able to hire an attorney to help them prepare for the case in advance. You, too, should take advantage of this option before your day in court.
How Much Can Someone Sue for a Car Accident?
There is no cap on compensation in the state of California. However, the level of damages demanded will sometimes change the court through which the lawsuit processes. For example, small claims court only deals with cases involving damages up to and including $5000. Cases involving more than $5000, but less than $25,000, processed through the Courts of Appeal. Any case where someone is suing for over $25,000 typically processes through the Supreme Court instead.
Stricter rules exist for exactly what you can sue for. For example, you cannot sue someone just for the pure and simple fact that you got into an accident with them while driving. You must experience some kind of loss in order to be awarded damages, which are essentially compensation for the losses you experienced.
The most common types of loss include:
- Medical expenses
- Repair/replacement of lost assets
- Lost wages due to inability to work
- Loss of marital relations and/or companionship
- Permanent disability, loss of limb, or disfigurement
- Pain and suffering as a result of the accident
Furthermore, a statute of limitations limits your ability to sue after a certain time frame has passed. You have one year to sue for compensation if the accident involves a personal injury and up to three years to sue for any kind of property damage (e.g., damage to a vehicle or items within it).
Can Someone Sue You After Insurance Pays?
Yes – but that doesn’t mean it is always wise to do so. Generally, insurance settlements are specifically designed to permanently finalize a conclusion; both parties agree the settlement is fair. This is, in effect, a contract; you sign documents stating that you agree to receive the funds as full compensation for any and all damages associated with the accident. The courts will rarely allow you to file a lawsuit in a situation like this; the settlement contract stands. The only exception exists where there is compelling evidence of its invalidity.
When might this happen? The most common example occurs where an insurance company improperly investigates, misses critical information, or somehow defrauds the person signing the settlement agreement. This situation can also play out when the level of damage or loss experienced doesn’t become clear until much later on (for example, when a victim’s injuries suddenly worsen or become disabling).
Know that situations like these are incredibly rare. If you feel this is something you or the other party is experiencing right now, it is imperative to contact a lawyer immediately. Lawsuits that occur after settlement are almost always challenging, difficult, and financially impactful – you don’t ever want to self-defend.
What Happens If You Lose a Car Accident Lawsuit?
A number of outcomes can occur after you lose a car accident. The courts may initiate a judgment against you for all or part of the amount the plaintiff requested when they initiated the lawsuit. If you cannot pay the full amount all at once, you will be asked to create a payment arrangement and/or make payments toward the debt.
In some cases – particularly if the court rules completely against you – you may also be asked to pay for the other party’s legal fees and/or court costs. This value can sometimes be negotiated down if you feel it is unfair.
If you do not have any ability to pay at all (you have no savings and/or investments), the courts may seize your personal property. They can also garnish your wages or put a lien on your home in order to settle your debt. You may also be charged interest for the period of time in which you do not pay.
What is most important here is the fact that the courts cannot garnish or seize your items if doing so would deprive you of the necessities of life. For example, the court cannot garnish your wages so severely that you become unable to survive or care for your loved ones. In some cases, your family home may be exempt for the same reasons.
Where To Find Car Accident Lawyers
The best way to find a car accident lawyer with considerable expertise and experience is to call a lawyer referral service. Regulated and licensed by the California Bar, these organizations maintain a database of proven performers to fit every budget and level of need. Make the call today and get the protection you need.
Conclusion
If you’re like most people, you’re probably a little shook up about the accident. This is okay, but be sure to speak with an attorney as soon as possible. The sooner you contact an attorney, the better your chances are of defending yourself properly.
The longer you wait, the more likely you will forget important details of the accident.
Are you in search for a certified attorney to represent you?
Let us help you find one today!