What Car Accident Attorneys Are Suing For And Why

January 2, 2017

You’ve had a car accident and it turns out to be your fault. We hope that you’ve abided by all of your local laws, contacted the police and spoken to your insurance company about the issue. Due to one reason or another, you receive a court summons. You’re being sued, but why?


On occasion people are injured so badly that your insurance may not pay out enough to cover the victim’s hospital bills. This is a serious case and you should meet with a professional immediately to see what your state laws say with regard to your personal liability. These are the most common lawsuits that will befall you.

So why are these lawsuits so common? They’re the easiest for the plantiff to win. In most states, the victim will press these to court rather than settle unless you are able to give an incredible settlement. Find someone who will help you navigate these difficult waters.

Body Work and Various Repairs

Much like injury lawsuits, occasionally your insurance may not pay for everything that is wrong with your victim’s vehicle or whatever property the victim owns that you damaged. Even if they pay for everything in the estimate, the word “estimate” is key there. Sometimes insurance companies pay out to the individual rather than the shop. In this case, you may see a lawsuit happen if the insurance company pays the estimate rather than the final bill.

Why? Because your victim is entitled to compensation for their damaged property to full restoration prior of the incident. That means that you don’t have to replace their shattered tail light that was already shattered before you rear-ended their car. It does mean that you have to replace their destroyed fender. If your insurance refuses to pay or does not pay enough, it’s very likely that you’ll be in court soon. Again, seek professional help.

Time Loss

This is where things get a little tricky. Insurance will often fund your victim’s rental vehicle in the case of a vehicle to vehicle incident or their hotel room if you happen to run into your victim’s living room. You get the idea.

What they tend not to compensate for is time loss, especially time spend in the hospital due to injuries, work time loss, or emotional losses. These may see you stuck in court as easily as the rest of this article’s examples. This means that you may be paying your victim’s typical daily work wages for as long as they were stuck in the hospital, or for their inconvenience of being stuck in a hotel while the damages are repaired to their home.

Like the rest of our examples in this article, we strongly recommend contacting your own lawyer. If you are on the victim side of the incident, we hope that you do not have to pursue the incident to this level. If you do, we also recommend that you acquire professional help with your lawsuit. Court is tricky for both sides. Look for some assistance when you need it.

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