Car accidents can be stressful and traumatic for anyone involved. In addition to the physical and emotional aftermath, there is also the financial burden that can come with repairing or replacing a damaged vehicle. This is where insurance companies come in. They promise to provide coverage for damages caused by their clients’ negligence. However, what if the at-fault driver’s insurance company refuses to pay? This is when you may need to take legal action. Below are the steps to take when suing an at-fault driver’s insurance company:
1. Gather Evidence: The first step in any legal case is to gather evidence. In this case, it would be best if you collected all evidence that shows that the other driver was at fault for the accident. This can include police reports, eyewitness statements, photographs of the scene, and medical records that indicate your injuries as a result of the accident.
2. Consult with an Attorney: Once you have gathered all the evidence, it’s time to consult with a personal injury attorney. They can advise you on whether you have a strong case against the at-fault driver’s insurance company and the amount of compensation you may be entitled to.
3. File a Lawsuit: If your attorney believes you have a strong case, they will file a lawsuit against the at-fault driver’s insurance company. It is wise to hire an experienced attorney who knows how to deal with insurance companies and their legal counsel.
4. Serve the At-Fault Driver’s Insurance Company: After the lawsuit has been filed, the at-fault driver’s insurance company must be served with the legal documents. The insurer then has a specific amount of time to respond to the lawsuit.
5. Discovery and Settlement Negotiation: During the discovery process, both parties can ask for additional evidence and information to gather more information about the case. After discovery, both sides will attempt to reach a settlement of the case, either out of court or through mediation.
6. Trial: If a settlement cannot be reached, the case will go to trial. During trial, both sides will present evidence, cross-examine witnesses, and make their case to a judge or jury. The judge or jury will then decide whether the at-fault driver’s insurance company should compensate you.
In conclusion, filing a lawsuit against an insurance company for damages incurred in a car accident should not be taken lightly. It can be time-consuming and emotionally exhausting. However, if you believe the at-fault driver’s insurance company has acted in bad faith or failed to honor their contractual obligations, pursuing legal action may be necessary to obtain the compensation you deserve.