Car accidents are a common cause of personal injuries. They happen at any time and for a variety of reasons. Those who were to blame, either partially or in full, may be liable for the other driver's expenses.
The best option in this situation is to seek legal advice from an experienced car accident attorney who can help determine what the options are. Contact a personal injury lawyer from Keating Law Firm today for a free consultation!
How Long Do Victims Have to Sue for a Car Accident?
The time a plaintiff has to file a lawsuit against an at-fault driver for a car crash varies by state, and the legal phrase that is used to describe this time limit is the statute of limitations.
This law restricts the time people who have been injured in a car accident have to file a personal injury claim or a car accident lawsuit. Additionally, some states provide a longer period for victims to obtain compensation for property damages than they do for personal injuries.
Filing a Car Accident Lawsuit After Two Years
The acceptable period to file a lawsuit is two years in many states, which means that victims have two years from the date of the accident to make a claim. Therefore, motorists who are being sued after two years may not be liable for compensating victims if the acceptable time to file a lawsuit has passed.
Drivers who have been involved in a car accident should call Keating Law Firm to learn more about the laws in effect in their state.
What Should Motorists Do After a Car Accident Occurs?
If a motorist had vehicle liability insurance at the time of the collision, they should have filed an insurance claim right away. This way, the insurance company is aware of the collision and the possibility of a claim.
Failing to Report the Incident to the Relevant Insurance Company
A failure to report the incident in a reasonable timeframe could result in an insurance company failing to pay a claim. Policyholders can't make a claim for an incident that occurred two years ago if they didn't follow the policy's requirements to report any claims immediately.
Making an Insurance Claim
Suppose the incident is reported according to the insurance company requirements. In that case, the insurer will cover any damage and losses up to the insurance policy limits.
It will also appoint counsel, file an appearance, and supply attorneys at no additional cost. Drivers should submit a report of the incident to the insurer right away and check in with them every day to make sure they've filed an appearance.
Can the Other Party Make a Personal Injury Claim If They Appeared Fine at the Accident Scene?
The truth is that not all injuries are evident at first, and some serious injuries are not apparent for a long time, so a victim can make a claim even if there weren’t any obvious injuries at the time of the accident.
Remember that the claimant alleging injuries bears must provide enough evidence to prove that they were injured in the accident. This is why it is so important to contact law enforcement immediately after a car accident occurs. Law enforcement agents will draw up a police report that serves as proof of what occurred that day.
This will prove useful when defending a case that occurred a long time ago, as several details that could have been forgotten may be found in the police report.
It is also crucial that motorists disclose any potential insurance claims to their insurance provider and avoid having any discussions with other passengers in the vehicle.
Claiming Property Damages
The truth is that most states give victims a timeframe of five years from the day of the accident to make a property damage claim.
Furthermore, if the car accident damages are merely property damage and the other car is uninsured, and the motorist at fault does have insurance coverage, disclosing it to their insurance company will ensure that the car insurance company compensates the other driver making a lawsuit irrelevant.
At-fault and No-fault States
A driver's injury protection insurance will cover their own medical fees in a no-fault state. In contrast, the at-fault driver's bodily harm liability insurance coverage will cover the other motorist's medical fees in an at-fault state.
While every car wreck is different and includes its own set of unique facts, there are conventional procedures for dealing with the aftermath of a car collision. The at-fault party usually files a car insurance claim after an incident.
This claim will be managed in accordance with the fault laws of that state. Currently, no-fault insurance laws apply to 12 states in the United States and Puerto Rico, with the remaining 38 states and Washington, D.C. being classified as at-fault states.
Those who require more information about the fault laws in play in their state can contact Keating Law to speak to a car accident lawyer.
What Affects How Long the Other Party Has to File a Car Accident or Personal Injury Lawsuit?
There are certain factors that determine how long a victim may have to file a personal injury lawsuit. While the statute of limitations, as discussed previously, is one of them, others include the type of claim being made and whether it is a wrongful death claim. The section below discusses these two additional factors.
The Type of Claim
The type of claim being made can affect how long a person has to file a lawsuit. When making personal injury protection insurance claims, insurers often compensate for a portion of their client's medical expenditures resulting from the car collision.
Therefore, understanding what personal injury protection insurance covers is so essential. Additionally, bodily injury claims compensate motorists for any injuries they sustained as a result of the accident.
Wrongful Death Cases
Car accidents can result in death, and family members of the bereaved are entitled to compensation for the losses they suffered following the incident. These car accident lawsuits are known as wrongful death lawsuits, and those filing claims for wrongful death have two years from the date of the accident to make their claims.
Who Pays the Settlement?
Suppose a jury determines that a driver was responsible for causing the accident and rules that the other driver is entitled to compensation. In that case, the at-fault driver is the one who is liable for that amount. However, suppose the driver has car liability insurance.
In that case, the lawsuit may end in an insurance settlement. However, if the settlement amount is above the policy limit, the at-fault driver will be responsible for paying the balance of this amount. Because automobile accident losses can run into hundreds of thousands of dollars, it's a good idea to talk to insurance carriers about policy limitations.
What Damages Can the Other Driver Claim in a Car Accident Lawsuit?
When a car accident occurs, there can be damage to vehicles, property damage, and injuries. Here are some of the things that the other driver can claim for in car accident or personal injury cases:
Car repairs
Lost wages
Medical expenses
Pain and suffering
Mental anguish
Seeking Legal Counsel
Those involved in a traffic accident should obtain legal advice to ascertain who is to blame for the mishap. An experienced lawyer can also assist a person in determining who is responsible for providing compensation.
In no-fault states, motorists may be able to pursue a variety of options to recover compensation for their medical expenses and other damages. While legal action may not seem to be an option in a no-fault jurisdiction, there could be other options for filing claims with the insurance provider.
The vehicle accident lawyers at Keating Law ensure that clients do not suffer any further harm as a result of the car accident. While they heal from their injuries experienced in the accident, a lawyer will manage the legal process. An attorney can help by gathering evidence to support the defense and will conduct negotiations on their client's behalf.
Need a Car Accident Attorney? Contact Keating Law Firm Today!
When things go wrong, and a car accident occurs, drivers may not expect to be involved in a lawsuit. However, the effects of an injury can be experienced much later, so motorists may be surprised to receive news that they are being sued two years after the accident occurred.
In this case, the best chance at minimizing the effects of the lawsuit is to hire trustworthy legal representation. Here are a few reasons to choose Keating Law:
Lawyers at Keating Law Firm work on a contingency fee basis, so clients do not need to make payment until they receive their settlement award
Motorists can get reliable legal help and determine the best way forward
Attorneys at Keating Law act in their client's best interest, covering a number of practice areas
To find out more about car accidents or discuss the specifics of their case, such as being sued for a car accident but having no assets, drivers can contact Keating Law Firm to book a free consultation and case review by dialing (866) 836-4878.