Filing a lawsuit against someone’s car insurance is becoming an increasingly common occurrence, especially in situations where an individual suffers severe injuries or damages due to another driver’s negligence. However, before taking such legal actions, it is essential to have a clear understanding of what you should expect.
Here is what you need to know before filing a lawsuit against someone’s car insurance:
1. Coverage Limitations
Every car insurance policy has coverage limitations, which are set at different levels depending on the policyholder’s needs and insurance company policies. Before filing a lawsuit, it is essential to determine these limits to know the maximum amount of compensation you can receive. This will also help you in determining the damages for which you can file a claim.
2. Fault Determination
In most cases, the insurance company will have to determine fault for any accident before providing compensation. The fault for an accident will vary, depending on the laws of the state or the location of the incident. For instance, some states follow a “no-fault” system, while others follow a “fault-based” system. Understanding the system in your state will help you know what to expect from the insurance company in terms of compensation.
3. Legal Representation
Hiring an experienced personal injury attorney can help your case, especially when dealing with insurance companies. Insurance companies have their own legal teams, and a lack of proper legal representation can leave you at a disadvantage. A personal injury attorney will help you navigate the legal process and ensure that the insurance company provides you with a fair compensation settlement.
4. Filing Deadlines
Every state has a statute of limitations that dictates the deadline for filing a lawsuit. It is imperative to know the timeframe within which you can legally bring a case against the insurance company. Most states have a two-year statute of limitations; failure to file within this period may result in the dismissal of the case.
5. Evidence Gathering
To strengthen your case, you must gather substantial evidence that proves that the other driver was at fault. This includes gathering witness statements, taking photographs, and obtaining police reports. This evidence will also help your lawyer identify any gaps in the insurance company’s offer and pursue compensation that truly reflects the extent of your damages.
Filing a lawsuit against someone’s car insurance can be a tedious process, especially if you are unsure of what to expect. Knowing the coverage limitations, fault determination, legal representation, filing deadlines, and evidence gathering are some of the essential factors to consider before embarking on such a process. A personal injury attorney can guide you through these steps, helping you achieve a successful legal resolution.