Who should you sue? The other driver or their insurance company?
If you’ve been involved in a car accident, the first thing you do is make a claim against the other driver’s car insurance company. An investigation ensues, and you believe that you’re claim will be taken care of without any issues. However, the other driver’s insurance company either fails to pay an equitable amount for your claim, or they end up denying your claim altogether.
Your next step is to file a lawsuit, especially if you were injured as a result of the accident. The laws of the state in which you live, the other driver’s insurance coverage and policy limits, and whether he or she has insurance to begin with, are all determining factors in who you sue after your car accident.
The first step in the process is to determine liability for the accident. An experienced personal injury attorney can help you to determine who is liable for the accident, whether negligence was involved, and to what extent. There are different models for negligence including:
- Contributory negligence — the accident that occurred was at least partially the result of the plaintiff’s actions
- Comparative negligence — each party’s negligence for a given accident/injury is weighted when determining damages
Most states now use the comparative negligence model when determining damages.
Your best option
If you’ve been in a car accident and, especially if you’ve suffered injuries as a result, contacting an experienced attorney in the field of personal injury law is crucial to the success of your claims. He or she will be able to review your claim and advise you as to what your best option is with respect to resolving it. The issue is whether it’s best to resolve through negotiated settlement or sue the insurance company and/or the driver.
The majority of cases involving car accidents are resolved through negotiated settlements between the injured party or the plaintiff and the insurance company of the defendant in question. The timeline for a typical personal injury case after a car accident is a follows:
- Initial medical treatment
- Consultation with a personal injury attorney
- Personal injury lawsuit may be filed at this time
- Settlement Negotiations
- Personal injury lawsuit proceeds to civil court if settlement negotiations fail
Each state has its own statute of limitation which places time limits on when you can file a claim. The process of filing a car accident claim can start the moment after your accident has occurred and can take anywhere from 6 months to several years to resolve.
Your specific case
If you’re looking for an experienced car accident injury attorney in South Dakota, contact Rapid City attorneys, Greg Yates, and Michael Shubeck. With more than 40 years of collective experience in personal injury law, they’ll be able to answer your questions and advise you on who to sue, how long the process will take, and how much compensation you may expect to receive.
Contact our office to schedule your free consultation.