Getting in a car accident is one of the most terrible experiences that a person can have. If you get into an auto accident and you want to file a lawsuit, how do you know if you have a case?
After you get involved a vehicular accident, the next course of action is to hold the person at fault accountable. However, there are many problems that can arise in this process. If you are unsure of what legal action to take, here are some situations that may apply to you:
Your insurance company will not pay
If the accident was your fault, you might be able to file a claim with your insurance company to cover the damages. Even if your insurance doesn’t include the losses for the other driver, you should have Personal Injury Protection (PIP) coverage. PIP coverage will pay for your medical expenses regardless if the accident was your fault or not.
You may have a case against your insurance company if they refuse to cover you or offer a too low amount for settlement. However, this will depend on the terms in your policy, so make sure you read your policy before consulting with a car or motorcycle injury attorney in Denver or any other location.
On the other hand, if the accident was not your fault and the other driver’s insurance company refuses to pay for damages (or lowballs the amount), you may still be able to get compensation if you file a lawsuit. For cases like this, the other driver’s insurance company may be underestimating the damages you’ve suffered or believe that you were also at fault in the accident. Speak with a lawyer if you feel that the insurance company is putting their interests before yours.
Both drivers refuse to admit fault
In some accidents, it may be difficult to determine who is responsible for the accident. Insurance companies may also hold you partially accountable for the accident and refuse to pay for damages. If both drivers refuse to admit fault, but you believe that the other driver should have full accountability, seeking legal help from a lawyer is your best next move. An attorney will be able to help you prove the other driver’s liability and help you get the compensation that you deserve.
The damages and losses are severe
When the car accident proves to be severe or fatal, the driver or their family is allowed to demand larger compensation to cover the medical expenses, lost wages, and (if the accident causes the death of the driver) funeral expenses. Naturally, not all insurance companies are keen to dish out high compensation amounts, as this can rise to hundreds of thousands of dollars, if not millions.
If you suffer severe losses from a car accident, taking legal action against the insurance company is a wise decision, especially if the accident was not your fault.
An out-of-court settlement cannot be reached
Unfortunately, some auto insurance claims cannot be settled without taking it to court. If you cannot reach a settlement with the insurance company, a court case may be necessary to make sure you receive rightful compensation.
No one wants to get in a car accident, much less deal with the expense and insurance woes associated with it. If you are having trouble with insurance companies after an accident, these signs will help you determine if you can win a case against them.