Top 4 Things You Can’t Sue After A Car Accident

Car Accident
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If you recently found yourself in a vehicle collision, the chances are high you have many unanswered questions, particularly if you have sustained an injury or suffered from property damage. After seeking medical care (if you sustained an injury) and completing all the necessary things while at the accident scene, you might ask yourself if you should sue the other driver or the insurance company.

But here is the thing. Not every car accident claim you find yourself in needs a lawsuit. Suing after a car crash is unnecessary in most scenarios. So, when do you not sue after a car accident? This insightful article highlights the top 4 things you cannot sue after getting involved in a car accident. 

1. If Nobody was Hurt

Suppose, as the driver, you were seriously injured alongside other pedestrians. In that case, there is potential for a court settlement or dispute for suffering and pain damages. Conversely, minor accidents generally don’t require civil courts involvement or non-economic compensation. For example, Florida No-Fault law applies in this case where insurance will have to take care of the expenses relating to the vehicle crash. Generally, if the car accident doesn’t feature any injury or death casualties, it will be unnecessary to sue the driver or company. 

2. If the other driver has Auto Insurance

You cannot sue the other driver after a car accident if they feature auto insurance. Like in the first case, the other driver’s insurance company will begin reimbursing you for the repair costs. In most cases, motorists who have sustained minor injuries file a compensation claim with the other party’s insurance firm and negotiate from that point. 

3. You can’t sue the At-Fault Driver’s Insurance Firm directly.

Suppose another driver was at-fault for your car crash. In that case, car accident attorneys know that it is your right to hold the at-fault driver responsible for your damages. In this case, filing a lawsuit relating to your crash will generally be against the at-fault party, who is the other driver in this case. You cannot sue the other driver’s insurance firm in simpler terms. So, why can’t you typically sue the other driver’s insurance company directly? It is because the insurer features no legal obligation to you. Instead, the insurer has a legal obligation to their policy-holder, the at-fault party. 

4. An evidence-less accident

To file a vehicle accident lawsuit, you generally need to have two things; 

  • Provide proof of driver negligence and 
  • Evidence of crash-related consequences.

In other words, if you don’t have proof that the at-fault driver breached the duty of care, you cannot sue them after a car accident. Additionally, you must prove that the car accident led to particular consequences like injury, car damageproperty damage, and other financial costs. In addition, you cannot sue after a vehicle accident if you can’t prove that the other driver’s negligence directly caused your physical or financial injury. In other words, you cannot sue for property damage or injuries that are unrelated to the crash. 

Final Word

Although one or more drivers’ negligence is the primary cause of most car accidents in the U.S., missing guardrails, potholes, faulty design, and erosion can also contribute. However, proving fault for such incidents may be tricky in addition to the above four things you cannot sue after a car accident.