You have just been in a car accident. You are shaken up and don’t know what to do next. But wait. There are two parties involved in this accident: you and the driver of the other vehicle. The driver may be at fault for the accident, or they may not have been driving at all. And if they were, then who do you sue after a car crash? If you share liability for an accident with someone else, do you need your own lawyer?
Lawsuit and Claim Aren’t the Same Thing
A claim is a legal demand for money or property. It’s different from a lawsuit, which is an action to recover damages for a wrong done. An attorney can help you file your claim and represent you in court if necessary. If you’re not sure whether it makes sense to sue someone else after your car accident, talk with a personal injury lawyer in Spruce Grove.
In Case You Share Liability
If you’re a participant in a car crash, whether you were at fault or not, you may be liable for the damages. It’s important to know that this doesn’t mean that an insurance company can force you to pay for their losses without any proof of fault on your part. The law protects individuals from being held responsible for other people’s accidents even if they share liability with them; however, there are some exceptions where one person may be required to pay more than the other due to his or her negligence (as well as those who share joint ownership).
Negotiation
If you are negotiating with the at-fault party’s insurance company, you will need to be prepared. Negotiations are not an event; they are a process that takes time and energy. You should be prepared for this by having an attorney review your case file before beginning negotiations, but even if you do have a lawyer on your side, it is still important that you prepare yourself as best as possible so that both parties feel comfortable during the negotiation process.
If negotiations go well and both parties come to an agreement about how much money each will receive from their respective insurance companies for pain and suffering damages (or other losses caused), then there will be no further court proceedings needed once this settlement has been reached.
Lawsuit Against Other Driver and Insurance Company
You can file a lawsuit if you have been injured in a car crash. You may also be able to sue the other driver and their insurance company if you have not been injured, but wish to make sure that your claim is covered. In addition, if you were partially at fault for the accident and want to get compensated for any damages caused by that negligence on your part, then it is possible for them to be sued as well.
Suing the At-Fault Driver or the Insurance Company
In most states, it is possible to sue both parties. However, some states have laws that make this difficult or even impossible. You will want to check with your state’s court system before making any decision about whether or not to file suit against either party involved in an accident with which you’ve been involved. It is best to talk with your lawyer.