Ideally, when you file a car insurance claim after an accident, you want to get the treatment and repairs you need with your own car insurance or the other driver that caused the accident. Car insurance liability coverage generally includes coverage for legal defense should you be taken to court over your part in the accident. You can have a lawsuit filed against you if you dispute the accident wasn’t your fault, more severe injuries where recovery is next to impossible, and defaulting on the car insurance provider’s part. Here is how a lawsuit regarding a car insurance claim can go and how it can be handled.
When a Lawsuit is Filed After a Car Insurance Claim
You’ll know that a lawsuit has been filed against you for a car insurance claim when the police department serves you with a process. You, along with your car insurance provider, then file for a court appearance. Based on your case, you are able to deny or admit being at fault in order to have the charge against you waved. Of course, you would have to prove that you weren’t at fault for the damages listed on the insurance claim.
You will need to do the following in traffic court in order for things to go your way if you truly weren’t at fault for the accident and insurance claim:
- There was no negligence on your part.
- You were driving a certain way you were expected to.
- The other driver’s injuries were not caused by you.
- The other driver’s injuries aren’t medically connected to the accident, as their records would say.
When The Damages Are Punitive
Damage that you caused to another driver can be found punitive if the circumstances which led up to the accident being your fault were deemed “outrageous behavior.” Examples of behavior while driving that can contribute to this are texting, driving under the influence, and driving without necessary prescription glasses. The activity doesn’t have to be malicious, just negligent. You should avoid this at all costs because punitive damage isn’t covered by car insurance.
What to do When Discovery is Required For Your Lawsuit
Discovery is the legal term for a question and answers section -both written and oral. Court reporters note them down while they are reported to the attorney. This can take some time, so it helps to be prepared with consistent and truthful answers as your background, including criminal history. Discovery will serve as your recorded statement in the traffic courtroom.
It Helps to Have an Attorney When a Car Insurance Claim Results in a Lawsuit
What we have covered is just the streamlined version of how to handle a lawsuit after a car insurance claim. There are several complexities to the process, such as negotiating with insurance companies and conducting witness discoveries. Look into traffic and collision attorneys to better your odds significantly in the event of a lawsuit. It is not recommended that you attempt to be your own defense in such cases.
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