Question: What Happens If Someone Sues Me For A Car Accident?

Is it worth suing after a car accident?

Because California is not a no-fault auto insurance state, you can sue to receive compensation for your losses even if you have auto insurance.

Proving the other party’s liability and/or negligence is the single most important factor when seeking compensation for your losses after a car accident..

How long does it take to get a settlement for a car accident?

If you and the insurance company are able to agree on a fair settlement, the process to receive your check typically takes around four to six weeks. The insurance company will have you sign a release form.

What is the maximum payout for whiplash?

Don’t settle for less. The amount of a settlement or jury award in a whiplash injury claim varies widely. While each case is unique, mild or moderate whiplash injuries generally seek damages ranging from $2,000 to $10,000. Severe whiplash injuries could involve damages reaching anywhere from $10,000 to $30,000.

How much money can you get from a car accident settlement?

Your average car accident settlement might be approximately $21,000. It is likely to fall somewhere between $14,000 and $28,000. The settlement is generally higher for more severe or permanent injuries. You’ll also get paid more if the other driver was found to be driving under the influence.

How long do I have to file a lawsuit after a car accident?

You can file a personal injury lawsuit up to two years from the date of a car accident. A statute of limitations establishes this rule; it restricts your legal rights to collect damages once the deadline has passed.

How much should I get for pain and suffering from a car accident?

That said, from my personal experience, the typical payout for pain and suffering in most claims is under $15,000. This is because most claims involve small injuries. The severity of the injury is a huge factor that affects the value of pain and suffering damages.

Is it worth getting an attorney for a car accident?

There is no exact science as to when you should and when you should not hire a lawyer to represent you in your car accident case. As a general rule, if at any time you do not feel comfortable handling your claim on your own, for any reason, you should consult with and hire a car accident lawyer.

Can you be personally sued for a car accident?

Yes, you can be sued personally. Your automobile insurance covers you up to the limits of the coverage you purchased from them. If the damage you caused the other(s) involved is greater than that coverage, you could be held responsible for paying that excess amount.

Who pays when you sue in a car accident?

The damages that you can sue for in a personal injury claim each play a specific role in defining the value of your car accident claim. The responsible party is obligated to pay for all future and current medical expenses related to the injuries sustained in an automobile accident.

What happens if you are sued but have no money?

If you don’t pay what you owe right away, you will have to pay more. The creditor will get post-judgment interest on any part of the debt not paid back right away. If you don’t pay the creditor, they can take steps to collect the money from you. This is called enforcing the judgment.

Can I lose my house in a car accident lawsuit?

If you are not properly insured, you can lose your house over an auto accident. Lawsuits over auto accidents can become extremely expensive, especially if they involve multi-car pile-ups or fatalities.

Can your wages be garnished for a car accident?

Yes, if you are sued and the judgment exceeds the limits of your liability coverage, your wages can be garnished and or assets seized. However, based on your description of the incident, it is doubtful that a large claim will be brought, if any.

What happens if someone sues you after a car accident?

You will be liable for any damages that were caused in the accident if it was your fault. … If you have auto insurance, it will hire an attorney to defend the case, and pay the damages up to the policy limits. If you don’t , she might get a judgment against you, but if you own nothing, there is no way for her to collect.

How do I protect my assets after a car accident?

Title every car in the driver’s name only. This is the easiest thing you can do to protect your assets, and it applies almost across the board. … Get umbrella liability coverage. … Strategically title your assets.

Should I sue after being rear ended?

Overall, the answer is almost always that you can sue after getting whiplash from a car accident. You’re allowed to seek out compensation for damages, especially if you weren’t at fault. … Even without these things, you have the right to sue, but you’ll be much less likely to win the lawsuit.

How do I get the most money from a car accident?

How to Get the Most Money From a Car AccidentRemain at the Scene of the Accident. … Gather Information at the Scene. … Obtain Witness Information. … Seek Medical Treatment. … Report the Accident to Your Insurance Carrier. … Keep All of Your Bills. … Keep a Record of Your Injuries and Recovery. … Keep Going to Your Doctor.More items…•