Do you sue the other driver or their insurance company after a car accident?

If someone hit your parked car, you should file a police report because it will make the claims process easier and might come in handy if there is more damage than you initially think. If the person who hit your car left a note, their insurance company should pay for your expenses with … read full answerproperty damage liability insurance. But if the incident was a hit-and-run, you or your insurance company will end up footing the bill.

What to Do After Someone Hits Your Parked Car

1. Contact the police to file an accident report.

An officer might be dispatched to the scene to investigate and write a report, or you might be asked to provide details to your local district in person or online.

2. Document the accident at the scene.

Take photos of the note left by the other driver, if there was one. Photograph any damage to your car and the overall scene, including a view of the roadway, the position of your vehicle, and any wreckage or skid marks.

If possible, get information from witnesses, including names, contact details, and a brief statement. Note the date, time, location, weather conditions, and any other relevant details, too.

3. Begin the claims process with your insurance company.

Your insurance company will guide you through the claims process and contact the other driver’s insurance provider on your behalf, if the person who hit your car left a note. If someone hit your car and didn’t leave a note, you’ll have to file a claim using your own collision coverage or uninsured motorist protection, assuming you carry these coverage types.

Insurance To Use If Someone Hits Your Parked Car

If your car is hit while parked, you can use your collision insurance or uninsured/underinsured motorist coverage to pay for the damage. Both types of coverage typically have a deductible, though, which means you’ll probably pay something out of pocket to get your car fixed. You’ll also be subject to your policy limits, so you’ll be responsible for any cost that exceeds your coverage terms.

Finally, it’s important to note that uninsured motorist property damage coverage is not available in some states. And in other states where it is available, you might be unable to use it if the at-fault driver is unidentified.

Yes, someone can sue you for a car accident even if you have insurance. Unless you live in a no-fault state, you can easily be sued for financial and personal damages in car accidents that you cause. If you have a liability insurance policy (which is required in most states), your insurance company will likely pay for an attorney to defend you in court. However, there are certain situations where they aren’t obligated to do so.… read full answer

When Insurance Doesn’t Have to Pay for a Lawyer

• You did not notify the insurance company within a certain timeframe, which can be anywhere from 5-30 days, depending on the specifics of the policy.
• The cost of the other driver’s damages exceeds the limits of your policy.
• You intentionally caused the accident.

If you have car insurance and you’re sued after a car accident that you caused, it’s likely for one of two reasons: either you don’t have enough insurance to cover all of the other driver’s expenses or the insurance claim process is taking a long time. If the first applies to you, your insurance company is under no obligation to help you once they’ve paid up to the limits of your policy.

However, the rules for filing a lawsuit after a car accident are different in no-fault states. No-fault states require drivers to carry personal injury protection (PIP) insurance, which provides coverage for minor injuries sustained in an accident. This eliminates the need for small personal injury cases to go to court, as every driver is protected by their own insurance policy. In these 12 states, you can only file a lawsuit against the other driver if your injuries are severe or your economic damages have exceeded a certain amount. The specific thresholds for each scenario vary depending on the state.

While you can’t control whether or not the other driver will sue you after an accident that you caused, there are steps that you can take to put yourself in the best position possible. The most important things are to notify your insurance company of the accident as soon as possible and to understand the limits of your policy. If you do end up being sued, take the time to understand what exactly you’re being sued for and what steps your insurer is taking to help you.