Am I Suing Other Driver or Their Insurance?

If you’ve been involved in a car accident in Fairfield, CT, you might wonder whether you should be suing other driver or their insurance company. Understanding this distinction is crucial in navigating the aftermath of an accident and ensuring you receive fair compensation for your injuries and damages.

With the help of Brill Law Group, you can understand how to pursue your personal injury claim and if a lawsuit is necessary. Here’s what you need to know.

1. The Basics of Car Accident Claims in Fairfield

When you file a claim after a car accident, you typically seek compensation for medical expenses, vehicle repairs, lost wages, and other damages. The party responsible for causing the accident is generally the one from whom you seek compensation. However, this doesn’t always mean you will be suing other driver directly.

Suing Other Driver

In some cases, if the other driver does not have adequate insurance coverage or refuses to cooperate, you may need to file a lawsuit against the driver personally. This could involve taking them to court to seek a judgment that requires them to pay for your damages directly.

Suing Their Insurance Company

More commonly, you will be filing a claim with the at-fault driver’s insurance company. If the other driver is deemed liable for the accident, their insurance should cover your damages up to the policy limits. This process typically involves negotiating a settlement rather than pursuing legal action in court.

2. Understanding Liability in Connecticut

Connecticut follows a fault system for car accidents, which means that the party responsible for causing the accident is liable for the damages. Here are key points to keep in mind:

• Determining Fault: To recover damages, you must establish that the other driver was at fault. This often involves collecting evidence, such as police reports, witness statements, and photos from the accident scene.
• Insurance Requirements: Connecticut law requires drivers to carry liability insurance, which means that if you are injured due to another driver’s negligence, their insurance should compensate you for your losses.

Work with your lawyer to prove liability in the Fairfield car accident. As your lawyer collects evidence and builds a case, you will be able to calculate damages and possible compensation for the case.

3. What Happens If the Other Driver Is Uninsured or Underinsured?

If the other driver lacks sufficient insurance coverage to cover your damages, you still have options for suing other driver.

If you have uninsured motorist coverage as part of your own auto insurance policy, you can file a claim with your own insurer to seek compensation. This is particularly important in cases where the at-fault driver is uninsured.

If the other driver has insurance, but their policy limits are insufficient to cover your damages, you may be able to make a claim under your own underinsured motorist coverage.

4. When to Consider Legal Action

If negotiations with the insurance company do not yield a satisfactory settlement, or if the other driver is uncooperative, you may need to consider filing a lawsuit. Here are signs that you may need to take legal action:

• Insurance Denial: If the insurance company denies your claim or offers a settlement that does not cover your expenses.
• Significant Damages: If your injuries and damages are extensive, it may be worth pursuing a lawsuit to seek full compensation.
• Liability Disputes: If there is a dispute over who is at fault for the accident, you may need to present your case in court to establish liability.

When you receive an insurance settlement, they expect you to be desperate for any offer that will help with your mounting bills. However, it is important not to accept a lowball settlement when you have damages to cover, including pain and suffering.

5. Consulting a Personal Injury Attorney

Navigating the complexities of car accident claims can be overwhelming. Consulting with a Fairfield personal injury attorney, such as Brill Law Group, can help clarify whether you should be pursuing the driver directly or their insurance company. An attorney can provide valuable guidance on:

• Evaluating Your Claim: They can assess your case and determine the best course of action based on the specifics of your accident.
• Negotiating with Insurance: An experienced attorney can negotiate with insurance companies on your behalf, ensuring you receive fair compensation for your injuries.
• Filing a Lawsuit: If necessary, your attorney can help you prepare and file a lawsuit against the responsible party, advocating for your rights throughout the process.

You can feel confident your case is on the right track when you file with a Fairfield personal injury attorney who knows how to calculate fair compensation for your case. Then, you will not waste your time pursuing a lawsuit if it isn’t necessary.

Seek Rightful Compensation with a Trusted Lawyer

The specifics of your case and the status of the other driver’s insurance policy will determine whether you sue the at-fault party or work with their insurance company. Understanding the difference is crucial for effectively pursuing your claim.

If you have questions about suing the other driver or need assistance with a car accident claim, contact Brill Law Group for professional legal advice and support. Our team is dedicated to helping you navigate the complexities of your case and ensuring you receive the compensation you deserve.