After exchanging all the necessary pieces of information at the scene of the accident, you might be wondering who to sue for a car accident if you’re seeking financial compensation. While you can file a claim with the other driver’s insurance and negotiate from there, you may be eligible for a higher settlement if a lawsuit is involved. When you know the value of your claim is significantly higher than the insurer is offering, it may be time to take legal action.
In California, any victim can sue if they can establish the other driver was at fault and that the victim’s damages were a direct cause of the at-fault motorist’s negligence. Injury claimants typically have two years from the date of the accident to file a lawsuit, but this may differ depending on the state or jurisdiction in which your accident occurred. If the victim does not take legal action during that window of time, they may not be able to file a lawsuit or recover anything.
In New York, you have three years after a car accident to sue.
Whether working with insurance companies, mediators, or court judges, there are vital things the drivers should gather for all involved parties to assess fault and damage accurately. The claimant is required to provide essential evidence, which includes medical bills, car repairs, lost wages, necessary homecare, and pain and suffering. Photo evidence of the accident is helpful, and witness testimonies can provide unbiased accounts of what happened.
Medical and rehabilitation expenses, income replacement or non-earner benefits, and caregiver benefits are some of the payments a victim may receive. While the specific values of each are dependent on accidents case-by-case, the idea is for the victim to be restored, or “made whole” for their monetary, time, and suffering expenses. If a victim wants to sue for a car accident, the settlement can include “total loss of vehicle” (cash value of your car at the time of the accident) and “general damages” (pain and suffering may be categorized as “inconvenience”).
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