Posted on: 8 February 2016
If you were in a car crash, then you might have some serious auto repair bills, and maybe even some medical bills. If you weren't at fault, then you might be a little frustrated by the unfairness of the situation. At this point, your options are to either file an insurance claim or a lawsuit. However, lawsuits can be pretty tricky, so you want to make sure that a lawsuit would actually work in your situation. To help you determine whether that's the case, here are some of the unique laws that you will need to consider when it comes to filing an auto accident personal injury lawsuit:
At-Fault vs No-Fault
First of all, you will want to take a look at whether you live in an at-fault state or a no-fault state.
- At-fault states allow you file a lawsuit or an insurance claim after any accident. You may pursue whichever option you feel would be more effective, although you could potentially file a lawsuit and then an insurance claim if the lawsuit was ineffective. This gives you a lot of agency when it comes to choosing your fate.
- No-fault states are much stricter, forcing you to file an insurance claim unless the accident meets specific criteria. More simply, unless you were seriously injured in the accident, you will need to file an insurance claim. If you were seriously injured, then you should talk to a lawyer to see if you have a strong case on your hands.
What are the benefits of no-fault states?
It may seem like no-fault states are operating against your interests, but that isn't exactly true. While you can't file a lawsuit for any car accident, there is an upside. In these states, insurance claims are processed very quickly, which means that you have a very reliable means of getting compensation. In most cases, this amount of compensation will be enough to cover the accident. If that amount of money is not enough, then your injury likely qualifies you for an actual lawsuit. Talk to a lawyer like Robert M Kaner Attorney to learn more.
Statute of Limitations
Of course, you also want to be very aware of the statute of limitations in your state. If you fail to file before the deadline, then the chances of filing successfully are very slim. While there are some exceptions, they don't all apply to car accidents.
However, if you were a minor at the time of the accident, then you can probably get an extension, allowing you to file your lawsuit relative to the date that you legally came of age, rather than relative to the date of the incident.Share