Often, car accidents seem to focus heavily on the other driver’s car insurance. That insurance company may be responsible for the losses their driver created. Yet, there are times when that coverage runs out, or the other driver may not have insurance at all.
A question we often hear is, “Can I sue someone personally after a car accident?” The answer is yes.
Though every situation requires the careful eye and consideration of a personal injury attorney, in most cases, you have the legal right to pursue financial compensation through a lawsuit against a responsible party. If you are considering this, we encourage you to set up a free consultation with BDIW and let our Oklahoma City car accident attorney go to work to protect you.
How to Sue Someone After a Car Accident
When you are involved in a car accident, you have the right to pursue financial compensation for your losses from the responsible driver. That often means you can sue that driver if you need to do so. This means the party responsible for the accident may be found financially liable for the injuries and other losses you suffered.
There are some situations where you may wish to do this as a primary step. Our car accident attorneys in Oklahoma can offer insight into whether that is the best first move. Consider these situations.
They Have Insurance
If the other driver has the legally required amount of insurance, filing a claim against their insurance for your losses is typically the most straightforward method. In Oklahoma, drivers are required to carry $25,000 in liability insurance per person, $50,000 per accident for bodily injury, and $25,000 for property damage. However, many insurance policies are much larger than this, providing more access to the funds you need to recoup your losses.
For example, if you are in a car accident that results in serious injury, it can easily cost more than $25,000. You can pursue financial compensation from the insurance company up to the amount of liability coverage the driver has.
If you have debts exceeding that amount, that is when filing a lawsuit against the person can help you recover additional funds. This would allow you to force the other driver to cover more of the losses they created.
They Do Not Have Insurance
If you are involved in a car accident with a driver who does not have car insurance for any reason, suing them personally is often the best first step. That means you can file a lawsuit in a court of law against the party, and the court can force them to pay for your losses. In this situation, they may be forced to liquidate savings or sell assets depending on the situation.
Though this method of recouping funds is harder to do, it is still very much within your rights. We encourage you to seek out the help you need from our trusted legal team before you pursue this process. Let us take a closer look at what your best legal strategy is.
Other Times When You May Wish to Sue the Other Driver
There are other instances in which suing the responsible driver may be necessary in your situation. Our car accident attorneys have the goal of helping you to obtain the highest level of compensation possible. There are several situations where you may need to go to court to achieve that goal.
Here are some examples of why you may wish to sue someone in Oklahoma after a car accident:
- You had damages that were not included in the coverage provided through the insurance policy.
- The insurance coverage lapsed, forcing you to sue the responsible party instead.
- There are disputes over the amount of damages with the insurance company.
There are many situations where the at-fault driver’s insurance company may try to deny the claim or may reduce what they are willing to pay out. Often, we can negotiate with the insurance company to reduce the risk of needing to file a claim in a court of law. However, if that is not the case, we will file a lawsuit.
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Is a Lawsuit Always Necessary After a Car Accident?
The answer to this question is no – whenever possible, our goal is to settle your case with the insurance company outside of a court of law. There are many reasons why we may do that, but the most common is that it is less expensive and faster to negotiate than it is to go to court. Whenever possible, then, we want to try to work with the insurance company.
The problem is that insurance companies are not always willing to work with you. If you have suffered injuries due to the car accident, you deserve to receive compensation from the responsible party. Our team will work closely with you to ensure that is the case, no matter if we have to take them to court or not.
Filing a lawsuit in Oklahoma after a car accident is a complex process. It requires going to the proper court and filing a detailed claim. You will need to follow the court’s rules and procedures to ensure your case is heard.
With our years of experience, you can expect this to be done properly and without any delay on your behalf.
Set Up a Free Consultation with Our Car Accident Attorneys Now for the Legal Guidance You Need
BDIW is committed to fighting hard to protect our clients and their rights to compensation. If you were hurt in a car accident, you can sue someone. We will help you determine if this is the best legal strategy in your situation and what your steps may be.
If we do not help you recover losses in your case, you do not have to pay us for our services. Do not let the insurance companies make you a victim a second time. Contact us now for a free consultation.
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