Can My Insurance Company Sue Me after an Accident?
Author: David Weissman
If you’re injured by another driver’s negligence, you’ll very likely file a claim with that driver’s car insurance provider. If they don’t carry the insurance they’re required to by law, or if they don’t carry enough to cover your losses, you can sue them directly, but this is often a losing battle.
If the other driver is underinsured or uninsured, you can file a claim with your own provider through your Med Pay coverage – if you carry it. Your insurance company cannot, however, sue you for doing so or sue you in response to an accident in any capacity – unless fraud is alleged. If someone else’s negligence leaves you injured in a car accident, turn to an experienced Davidson County car accident attorney for the help you need.
If You’re Responsible for the Car Accident in Question
If you are determined to be no more than 50 percent responsible for the car accident in question, you retain the right to seek compensation for the physical, financial, and emotional losses you experienced as a result of the other driver’s negligence.
If You’re More than 50 Percent Responsible
If you’re found to be more than 50 percent responsible for the accident, however, the other driver can seek compensation for their covered losses through your car insurance provider. They can also sue you directly if you don’t carry the required coverage or don’t carry adequate coverage.
If the Other Driver Files a Claim with Your Insurance Provider
If the other driver files a claim with your insurance provider, the insurance company will handle the claim in accordance with your policy’s limits and the facts of the case. It’s important to note that all insurance companies are in the business of making money, and they do whatever they can to limit settlements. The actions they can take, however, do not extend to suing you. You purchase insurance for the sole purpose of covering you in situations just like this one, and you can’t be sued by the insurance company for doing so.
If the Other Driver Is at Fault
If the other driver was more than 50 percent responsible for the accident in question, you’ll file your claim with their insurance provider. Common forms of negligence in car accident claims include all the following:
- Distraction
- Exhaustion
- Impairment
- Excess speed
- Aggression
When the tables are turned like this, you should expect the other driver’s insurance provider to limit your settlement by whatever means possible and should look to your determined car accident attorney to ably pursue the compensation to which you’re entitled.
Make the Call to an Experienced Davidson County Car Accident Attorney Today
While there is plenty to worry about if you’ve been injured by another driver’s negligence, being sued by your insurance provider isn’t one of them. The skilled Davidson County car accident attorneys at Raybin & Weissman understand the stress that often goes hand in hand with legally complex matters like car accidents, and we’re committed to guiding your claim effectively and efficiently forward toward an advantageous resolution that supports your legal rights and best interests. Learn more by contacting us online or calling 615-256-6666 today.