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Understanding Your “Right to Sue” After a Car Accident

December 8, 2020 by Christopher

Sometimes negotiating with the insurance company does not lead to the desired result, leaving the victims with no choice but to take the claim further by suing.

Car accidents may create health issues and limitations to a person’s quality of life. They may also be preceded by stressful legal battles and negotiations with insurance companies when the victim demands their right to compensation. 

Generally, car accidents are settled outside of the courtroom. However, sometimes negotiating with the insurance company does not lead to the desired result, leaving the victims with no choice but to take the claim further by suing. 

When Can You Sue After a Car Accident?

A lawsuit is not something one should jump to quickly. You should generally only use this right when you have exhausted other options. Here are some scenarios that might lead to a lawsuit after a car accident. 

The Other Driver is Uninsured

Suppose you were in a car accident with an uninsured motorist. In that case, it will not be possible for you to collect compensation from their insurance company since they do not have coverage.

In the state of Missouri, it is mandatory to carry an uninsured motorist coverage policy. Still, it might not cover all your damages if your injuries are serious or property damage is substantial. 

To get the difference left after making a claim to your own insurance company, you can sue the other driver for damages. They would have to pay you from their own pocket, so you might not get the amount you need fast. 

The Insurance Company Denies Your Claim or Offers Too Little

In other cases, the insurance company you make a claim to will fight back. Many victims are denied their claim or offered an amount lower than what they should receive. Insurance companies are expected to negotiate towards a lower amount to minimize their costs, but acting in bad faith is against the law and gives you the right to sue.

Statute of Limitation on Your Right to Sue

A crucial thing you need to have in mind if you decide to sue is that you have a limited amount of time to do it. 

Some exceptions do apply. In some cases, injuries or complications from injuries show up much later than the accident itself. Suppose you have a strong case to prove that the accident did, indeed, cause delayed health issues. In that case, you can be excepted from the statute of limitation rule, but it happens very rarely. 

Get in Touch with a Lawyer

If you believe that suing the other driver, their insurance company, or any other party, is needed, it’s a good idea to get in touch with an experienced St. Louis car accident lawyer. They can tell you if your case is worth pursuing and can help you build a strong case that will get you the compensation you deserve for your injuries, pain, and suffering.

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Filed Under: Whiplash St. Louis Blog Tagged With: Car Accident Claims

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