What to do if you are involved in vehicle accident lawsuit
After that car accident that gave you quite a scare and you’re just trying to recover only to receive a heart wrenching email – a car accident court summons.
Nobody wants to be in this situation, not even the fully insured. It comes with a lot of stress, and can even be scary for many. However, being sued after a car accident is common and doesn’t have to be scary if you know what to do.
Our aim in this guide is to remove the dread and show you the exact steps to take if you’re ever involved in a car accident lawsuit. This way you walk through the process with utmost confidence.
It’s not going to be like any half-hearted pieces on the internet. We’ll show you the legal basic, essential steps and even provide a few tips to manage stress during the process. Yes, we understand how stressful it can be.
With that out of the way, let’s understand the basics of a vehicle accident lawsuit.
Understanding the lawsuit
If you get that court summons email after an accident, it is vital to know what this all means.
It is also important to note that being sued doesn’t mean that you are at fault or are liable to pay any compensations. It simply means the plaintiff (the other party in the accident) has hired a lawyer to claim damages.
The whole process is to determine who is at fault and who should pay for damages. So don’t be scared because you’ve been sued.
When can you be sued for a car accident
To put it simply, you can be sued for a car accident lawsuit if you’ve been involved in a vehicle accident. Typically, your insurance company has lawyers that will gather evidence and negotiate with the other party.
Where compensation cannot be reached, the matter goes to court and possibly a jury may be required. However, this is only possible if it is under the statute of limitation – which is a time within which you’re liable.
After this time, you can longer be sued. It varies from state to state but usually from 2 to 6 years from the time of the accident. Or in some states, from the time the injuries were assumed to heal.
Apart from civil suits, you can also be sued on criminal charges after an accident, depending on the circumstances.
While there are no compensations in criminal charges, there are serious implications if you’re found guilty, with the possibility of a fine or even jail term.
Steps to take if you’re involved in a vehicle accident lawsuit
Usually, a car accident lawsuit doesn’t go straight to trial. The victim files a case with the other party’s insurance company seeking compensation.
The insurance company gathers evidence and negotiates a settlement. However if this is not agreed between the two parties, the victim can file a lawsuit at a court where the accident happened.
If you’ve received that court summons for the accident, you need to move fast so you can put up the best defense. But what exactly do you do after being sued for a car accident?
It is vital to have taken initial steps to protect yourself from a car accident lawsuit immediately after the accident. Getting photos and videos from the accident and collecting witness statements is one. Talking to your insurance company and even your attorney is another.
Other evidence you need include a police report, medical expenses, property damage, and even lost wages due to the accident.
Should you consult a lawyer?
Typically, your insurance company can reach a settlement with their lawyers on your behalf, however, in some cases, it may be best to consult a car accident injury lawyer.
You should consult a lawyer if the injuries are serious, the fault is under dispute, and the claims are a lot which may not be covered completely by the insurance company.
The lawyer will help you protect your personal properties; protect, not help you break the law by hiding your properties as this can have serious legal implications.
Tips for managing stress during the process
The stress from the claims and counterclaims, court trials and its rigorous cross examination process can be overwhelming for many.
Managing stress during this process can help you stay focused and continue to go about your regular day. Here are a few tips to managing stress during the process:
- Stay informed of all the happenings no matter the stage.
- Have a support system usually from friends and family.
- Take care of your mental health by maintaining your daily routine, exercising and having fun where possible.
Moving on with confidence
So, here’s the thing, car accidents lawsuits are scary but they can move smoother if you know what to do.
You’ve got steps to follow, professionals to guide you, and ways to stay one step ahead.
Remember, the moment you start gathering your records, loop in your insurer, and get clear legal advice, you’re already taking control.
Yea, no one wants the whole stress that comes with being sued for an accident, but it happens. The next best thing is to ensure you come out of it the best possible way.
