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Even though car accidents cases happen all the time, the lawsuits don't always get issued right away. There are several reasons why this may occur, but the reality is that no one would like to wake up and find out they're being sued because of something that happened such a long time ago.
Therefore, this article is meant to showcase a list of frequently asked questions people usually ask their lawyers when most car accident cases happen.
Can People Get Sued for a Car Accident from so Much Time Ago?
In relation to the question of can someone sue after a car accident is settled, people can also get sued for one that happened a long time ago. Not all damage or consequences appear right after an auto accident, but the victim has a specific time frame where they can still press charges against the responsible. Nonetheless, cases like these show up when the defendant doesn't notify the personal liability as an insurance claim, which is a terrible fault to most car insurance companies.
In these cases, the respondent is at risk of the insurance company denying to cover any losses, as they weren't aware of the liability. If you want to prevent this, a claim should be filed with your auto insurer immediately.
What If the Other Driver Wasn't Injured at the Time?
Some personal injuries can only show up over time, and these are the most serious and limiting ones. If the plaintiff has enough evidence to back up their case and link the injuries to the car crash, they can file a personal injury lawsuit against the party at fault for the car accident. Therefore, it is extremely important to file a claim immediately after the accident.
What If They're Claiming Property Damage?
Property damage claims have an expiration date of five years. Therefore, the plaintiff is free to file a lawsuit within two years. Nonetheless, if the accused had car insurance, the car accident damages could be easily paid for by the company.
What If the Charges Exceed the Insurance Policy Limits?
It is doubtful for the accused to face terrible consequences, as the minimum amount most insurances cover is around $25,000 and $50,00. This would easily cover minimum damage done to the other party.
Moreover, if severe damages were done during the car wreck, but the injured party had insurance that could cover those expenses, the accused could still cover the medical expenses.
The problem begins when the injured person doesn't have insurance, as in these personal injury cases, they could personally sue the accused and take a tremendous amount of money out of their pockets to afford medical treatment.
It is recommended to always have insurance coverage of at least $250,000 or $500,000 to prevent any tragedy from happening. Moreover, it is unrealistic to have the state's minimum insurance liability.
Can the Party at Fault Sue Too?
They can. However, they must act as fast as possible. The first thing to do is file a police report and send it to both carriers, then go to the hospital to get medically checked out and prevent any injury from becoming more severe.
It is vital that the defendant doesn't talk to anyone about this and follows these steps to ensure a quicker and more favorable process.
What to Do If the Insurance Lapsed
This is a challenging position, as the defendant is completely unprotected against legal repercussions. They can file a potential claim with their carrier and do a constant follow-up of it. Then, they should notify any other person in their household with insurance.
Finally, they could go directly to the plaintiff and figure out their claims. If it is a property damage claim, try to negotiate a release where they only have to pay for the lowest out of two averages.
They should ensure that the document specifies any other future legal advances the plaintiff might make respecting the accident. In addition, they could also negotiate a payment plan to make things easier.
Nonetheless, if the prosecutor has injury claims, an attorney must handle the car accident case to create a solid enough defense or consider going into bankruptcy.
How to Proceed
When facing an event like this, most people get nervous and don't know what to do. Nobody wants to get into a car accident, let alone a car accident lawsuit. However, they need to remain calm, not reach out to the other party and follow these simple steps.
Contact the Defendant's Insurance Company
The insurance provider that handled this car accident back then must be the one to handle its repercussions nowadays. In most cases, the original coverage is still valid, and the defendant is mostly protected against any lawsuits against them.
However, the defendant must be aware of their insurance limits and make sure it can cover the amount they were sued for. If this is not the case, they must pay with their own money.
In a no-fault state, the defendant may be extra protected, as the prosecutor must meet specific criteria to file a lawsuit against them.
Contact a Car Accident Lawyer
A lawyer should review the case and advise how to proceed. If the defendant doesn't have a lawyer, they could go to car accident attorneys in St Louis MO to seek legal advice, a free consultation, or hire them as their lawyer for the case.
Now is the time to gather all the needed evidence to strengthen the case, all the specific details from that day, such as pictures, weather conditions, testimonies, medical records, medical bills, car repairs, etc. Nonetheless, if the defendant is at fault, the best and easiest way to go is with a car accident settlement, which is a lot faster and less stressful than preparing to go to court.
What Happens If the Defendant Loses a Car Accident Lawsuit?
When the defendant accepts fault for the accident, they should settle the lawsuits before facing court. Nonetheless, no matter what they choose, the victim must be compensated, which can be done through their liability insurance company if the charges don't exceed the defendant's limit.
If this is the case, the car insurance company may charge more for a premium package, or they would have to pay the claim with their own money or even their home.
Bottom Line
Car accident lawsuits are a terrible experience, but they can be a lot easier with the right lawyer. That's why Powell Law Firm is more than ready to help bring justice to anyone who needs it.