When you are involved in a car accident, you may experience physical injury, many doctors may visit the office and you may miss time from work. Depending on the circumstances, insurance may pay your medical bills. Nevertheless, there are circumstances where you may have reason to file a personal injury lawsuit for a car accident.
The United States has two different insurance regulations: fault and no-fault. In a state with no defects, a person’s own insurance company will pay for their bills regardless of which of them caused the collision. In the event of mistake or torture, the driver causing the accident is responsible for any bills associated with the accident.
California is a pure comparative fault situation. This means that a driver is responsible for the percentage of accidents that occurred due to them. For example, if you were in a collision with another car, and you were found to be 45% responsible for the accident, the other driver would be 55% responsible for the accident.
In California, a driver must have insurance of $ 15,000 per person and $ 30,000 per accident. You will also have to insure $ 5000 for property damage.
In many cases, a person’s medical bill will exceed the amount for which an errant driver is covered. There are some people who do not have any insurance and there are times when the insurance company does not want to pay you what you owe. If you do not get the money you need for an accident, you can consider filing a lawsuit.
When Bills Are Higher than Insurance Coverage
$ 15,000 does not go too far in the hospital and many people only have a minimum amount of insurance. Often times a car accident can result in injury that will require continued care. If this is the case, you may have to personally sue the driver to pay your bills.
If you have suffered a permanent deformity or bone fracture, you can also file a lawsuit.
When the other driver is not insured
The state of california requires you to carry $ 15,000 of uninsured motorist Coverage for one person and $ 30,000 per accident. However, if your bills exceed your coverage, you may want to talk to a lawyer about whether he is worth filing a lawsuit against the driver.
When the insurance company will not pay enough
When you file a lawsuit, an insurance company will have 40 days to accept or reject your claim. If they accept your claim, they will offer you a settlement. The offers you make are less likely to result from your injuries.
At this time you should appoint a personal injury lawyer to help with your case. They will be well versed in dealing with insurance companies and can negotiate on your behalf.
If your lawyer is not able to get you the settlement you want, you can file a lawsuit. You will have two years to file such a lawsuit in the state of California.
Car accidents Are time consuming, painful and expensive. A lawsuit is often the only way to get you money to recover from your accident.