Do you need to sue after an auto collision?

Aug 16, 2022

As someone who has suffered a personal injury in an auto collision, you may now be wondering what you can do to get compensated for what you’ve been through. You’ve gone to the hospital, need ongoing medical care and have your own financial concerns now that you can’t work like you used to.

For all those reasons, it’s clear why you need to make a claim against the driver who is responsible for your injuries. Do you have to sue, though? Is that your only option?

You may not need to sue to get compensated

There are two main ways you can seek compensation after an auto collision. The first is through a personal injury claim through insurance. The second is by suing the individual who hit you using a personal injury lawsuit. Sometimes, both will be used together.

With a personal injury claim, you’re filing a claim with the other party’s insurance agent. You may want to work with an attorney to make sure your claim is as valuable as it can be, so you can get paid out a fair amount for your injuries. Additionally, since insurance companies are usually focused on saving money, having an attorney will help you negotiate and avoid settling for too little.

A personal injury lawsuit is different, because you’re taking the other party to court. You may do this if the insurance company won’t give you a fair settlement, for example, or if the other party doesn’t have insurance at all.

What should you expect if you have to sue?

If you need to sue the other party, you should expect to have to gather evidence about your injuries and the crash. You’ll need to prepare with your attorney’s help if you plan to speak at trial, and you will need to figure out exactly how much you want to sue for (at a minimum).

If you’re suing the insurance company, there may be a maximum policy limit to know about. If it’s an individual that you’re suing, then you’ll need to decide if they have enough money or assets to make suing worth it. These are all things to discuss with your attorney if your claim cannot be made or the insurance company isn’t being reasonable.

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