Car Accident - Frequently Asked Questions - Legal Matters

No one ever plans to be in an auto accident and they can be devastating. Your car can be totaled and you can be seriously injured, resulting in large medical bills. Many people have questions about whether or not they can sue the other driver and what will happen if they sue. Here are some answers to common questions.

I was just in an automobile accident. Can I sue?

You may have a lawsuit under two circumstances. The most common reason is that the other driver was at fault. You will have to prove the other driver was negligent. The reasons for negligence include violating a traffic law or distracted driving.

What about defective auto parts and car accidents?

If you can prove that your car was defective, you may be able to sue the manufacturer. However, if you car has been recalled and you have continued to drive it, you cannot hold the car company liable because you failed to make the repairs.

What expenses can I claim in a lawsuit?

The most common claims are for repair to your car and medical expenses. You can also sure for lost income if you were out of work because of the accident. Physical and psychological pain are also common claims.

What if the other driver was not insured?

You may have a difficult time collecting from a lawsuit if the other party does not have insurance. In additions, some states have limits as to how much you can collect in a lawsuit against an uninsured driver. Many drivers have uninsured driver coverage to recoup costs in those cases.

Will I have to go through a trial?

Despite dramatic television shows that depict cases involving car accidents, it is unlikely you will go to trial. Most insurance companies prefer to settle out of court. You may be ordered to go through arbitration before a settlement is reached. Arbitration involves an independent third party who will hear the case and make a recommendation. Contact Wistow & Barylick, Inc. for a free consultation with an attorney.

My accident happened almost a year ago. Can I still sue?

It depends on where you live. In some states, you must file a personal injury lawsuit within 30 days. Other states give you up to six years to file.