Car accidents can result in serious consequences from those involved, ranging from significant car damage to serious injuries. Common injuries from car accidents include compound fractures, internal organ injuries, and broken bones. These injuries can have a major impact on your health and wellbeing and often require extensive and costly medical care. While recovering from injuries, the last thing you want to wonder is can someone sue you for a car accident if you have insurance.
Understanding Car Insurance and Its Purpose
Car insurance provides financial protection after a vehicle collision. Motorists in Texas must have a minimum level of liability insurance, providing coverage for damages to others in the event of an accident. This coverage usually includes both bodily injury liability and property damage liability. However, even with coverage, many still wonder: is it possible to have a car accident lawsuit filed against me?
Can Someone Sue You for a Car Accident If You Have Insurance?
Regardless of your insurance coverage, it is possible for someone to file a lawsuit against you for a car accident, irrespective of whether you are insured. Insurance policies are meant to cover certain damages, but they may not cover all expenses related to an accident. For instance, if the amount of damages resulting from the accident is higher than the limits of your policy, the injured party might decide to sue you for the remaining amount. Additionally, insurance companies may try to dispute liability or the extent of damages. This can lead the injured party to seek compensation by filing a personal injury lawsuit.
What to Do if Someone Sues You for a Car Accident in Texas
If you are being sued for car accident, it can be a stressful and confusing experience. However, it is important to take several steps to protect your legal rights and well-being. These steps include:
Notify Your Insurance Company
Your insurance policy likely includes a clause requiring you to notify them immediately of any legal action taken against you. For this reason, as soon as you receive notice of a lawsuit, inform your insurance company. They will assign an adjuster to your case who will help you throughout the process.
Understand Your Coverage
Review your insurance policy to understand your available coverage. Most policies include liability coverage that pays for legal defense costs and any settlements or judgments up to the policy limit. However, if the damages sought exceed your coverage, you might be personally responsible for the excess amount.
Cooperate with Your Insurance Company and Legal Team
Your insurance company will provide a legal defense for you, usually by hiring a Dallas car accident attorney. Cooperate fully with your legal team by providing all requested information and attending any necessary meetings or court appearances.
If You Have Auto Insurance, Can You Still Be Sued After a Collision That Was Your Fault?
Yes, you can still be sued after a collision that was your fault, even if you have auto insurance. Insurance coverage does not grant immunity from lawsuits. If the injured party believes that your insurance is insufficient to cover their damages, they may decide to sue you to recover additional compensation.
Does Car Insurance Cover a Lawsuit?
Most car insurance policies include liability coverage that pays for legal defense costs and any settlements or judgments up to the policy limit. If a car accident lawsuit filed against me, your insurance provider will usually handle the expenses related to the legal proceedings, such as lawyer fees and court expenses. However, there are some exceptions and limitations to be aware of:
Policy Limits
Insurance policies set specific limits on the coverage amount for damages. If the costs resulting from an accident surpass these limits, you could be held accountable for the additional expenses personally. For example, if your policy covers up to $50,000 in damages but the injured party receives $75,000, you could be liable for the remaining $25,000.
Exclusions
Certain situations might not be covered by your insurance policy. For example, if the accident occurred while you were engaging in illegal activities or using your vehicle for commercial purposes without the appropriate coverage, your insurance company might deny coverage.
What to Do If Someone Sues You for a Car Accident in Texas
If you are facing a lawsuit following a car accident in Texas, you should:
Contact Your Insurance Company Immediately
Inform your insurance company as soon as possible after you receive the notice about the lawsuit. They will offer support and guidance every step of the way.
Gather Evidence
Gather all available evidence concerning the accident. This may include taking photos of the scene, witness accounts, and police reports. This information can be crucial in building your defense.
Follow Legal Advice
Listen to your attorney and follow their advice. They will help you navigate the legal process and work to achieve the best possible outcome for your case.
Preventing Car Accident Lawsuits
Although it is not always possible to prevent lawsuits from happening after motor vehicle accidents, there are steps you can take to minimize your risk. These include:
Maintain Adequate Insurance Coverage at All Times
Make sure you have ample liability coverage to safeguard yourself in the event of an accident. Consider purchasing higher policy limits or umbrella insurance for additional protection.
Drive Safely and Follow the Laws of the Road
Follow all traffic regulations, steer clear of distractions, and adopt a defensive driving approach to minimize the chances of being in a collision. Practicing safe driving can help decrease your chances of an accident.
Contact Our Car Accident Lawyers Today
Having car insurance is essential for financial protection after a motor vehicle accident. However, it does not eliminate the possibility of being sued by another person. Understanding your insurance policy is crucial, as it is essential to always be prepared to handle a situation where you might face a lawsuit following a car accident. If you have questions or need assistance, contact Benton Accident & Injury Lawyers at (214) 777-7777 to get started with a free consultation.