Being involved in a car accident is stressful. Even if you are not hurt, you almost certainly have to deal with a property damage claim for your car. The majority of people heal from their injuries, replace their vehicles, and resume their lives.
What happens, though, if you are sued for an automobile accident? What are some options to consider?
When Can You be Sued After Insurance Pays?
There are certain exceptions to the norm that vehicle accident victims cannot pursue a lawsuit after agreeing to settle their claim. If the defendant was forceful or acted falsely, or if the settlement was compromised in some way, this would necessitate misconduct by the defendant's legal attorney, however, it is quite unlikely.
Additionally, if you are discovered to be an additional party to the fault caused in a car accident case that has already been substantially settled, you may face a lawsuit after the settlement. This usually happens when the victim was unaware that another individual was involved in the accident until they settled with their insurance company.
Therefore, if you are accused as a third party responsible for an accident, you should seek out an accident or personal injury lawyer in your area to ensure that you are protected under the law. Cases involving several at-fault parties and previously agreed-upon settlements are more complicated and necessitate the assistance of an expert attorney.
When Can You Not be Sued After Insurance Pays?
In most cases, agreeing to a settlement entails signing agreements that absolve the at-fault parties of any further liability or legal action arising from the accident. This is especially common in an insurance-company-involved vehicle accident and personal injury lawsuit since the insurers require certainty that they are not be sued again after settling.
These types of agreements are usually legally enforceable and free the defendant and the insurance company from all liability – even if the victim later discovers that their damage was worth more. That is why it is critical for all parties involved in accidents to read all agreements and paperwork thoroughly before signing them. A local personal injury lawyer can assist you in grasping the complexity of legal documentation and ensuring that your best interests are protected during the settlement process.
Negotiations and Trial
Unless your lawyer advises you otherwise, there is little you can do during this stage of the lawsuit. Following the conclusion of the investigation stage, your attorney may enter into discussions with the other party. The parties may settle the dispute and end the litigation at this point in the process.
If your attorney is unable to reach an agreement with the accident victim, the case can go to trial. Each party provides the evidence that they have acquired to support their version of events at the trial. It's possible for you to be called to testify at the trial.
At trial, your lawyer might use one or more defenses. The lawyer may, for instance, claim contributory negligence. Contributory negligence is a legal doctrine in which the victim's damages are reduced as a result of their fault in the accident. This argument is effective when the victim bears some responsibility for the accident.
In the end, the jury must decide who is to blame for the accident. The jury also considers whether or not the victim should be awarded damages and how much compensation the sufferer should collect.
In a Personal Injury Case, Who Pays the Award?
If a jury determines that you were the cause of the accident and grants the victim damages, you are liable for that amount. Your insurance provider covers you up to the limits of your policy. To put it another way, the insurance company pays the award up to the limits of your plan.
As an example, if you have basic insurance coverage, your insurance company may reimburse the victim up to $20,000 in damages. Any portion of the jury verdict that exceeds this amount is your duty to pay. Because vehicle accident damages can run up to hundreds of thousands of dollars, thus it's a good idea to talk to your insurance provider about policy limitations.
Tom Fowler Law Can Assist You
Tom Fowler Law’s Des Moines auto accident lawyers and personal injury attorneys have decades of combined expertise and are ready to assist Iowa residents. We are dedicated to ensuring that even your most complicated matters are handled professionally and with care.
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