Last Updated: 2/10/2021
Have you been in a recent car accident and are wondering if you can be sued by the other parties involved?
The answer to this question is not always cut & dry and can vary depending on the facts of the case.
Typically, in the case of a car accident, a personal lawsuit directly against the other driver is not necessary because in most cases there are insurance companies involved.
In other words, suing an individual directly after an accident is typically a last resort to acquiring compensation from an at-fault driver. And in Florida, we rarely see situations like this. In fact, most attorneys will only take a car accident case if there is some sort of insurance involved that can cover compensation for their client’s damages, injuries, bills, and legal expenses.
So if you are worried about someone coming after you directly, let us give you a little peace of mind. It is unlikely. Most individuals do not have the type of funds it would take to accommodate a lawsuit or personal injury claim out of pocket.
If this were the case, it would likely result in bankruptcy for the and be an extensive, lengthy process.
So, this is where having quality car insurance coverage comes into play.
Getting sued for a car accident in florida
Florida is a No-Fault State. Unfortunately, this does not mean that no one is at fault for the accident and there can still be an at-fault driver.
If you believe that you are at fault for an accident, it might be possible that the other driver will hire an attorney and file an insurance claim against you if damages and injuries result from the accident.
This is where Florida’s no-fault rule comes into play.
Since Florida is a No-Fault State, every Florida driver is required to carry no-fault insurance or PIP (Personal Injury Protection) insurance.
Thanks to PIP, in the event of a car accident, injured individuals who have been considered by a doctor to have an “Emergency Medical Condition” resulting from the accident will typically get their first $10,000 in medical expenses covered by their PIP (Personal Injury Protection) insurance.
Remember, this is considered Florida’s “No-Fault Insurance.”
For more information on PIP , check out this article we wrote on PIP FAQs.
For more information on Florida’s No Fault and Determining Who is At Fault, check out this article we wrote on “NO-FAULT” & DETERMINING WHO’S AT FAULT AFTER A CAR ACCIDENT
“What it will mean if I get sued for this accident?”
Now, if you recently got in a car accident and are still worried about personally being sued, there are several factors that you should take into account to really determine what it would mean if the other driver sues you.
Here are some questions to ask yourself:
- “Do I have car insurance?”
If you’re driving around without car insurance, you’re playing a very risky game. If a car accident happens and you are at fault and not insured, the other driver involved could potentially come after you directly since there is no insurance involved.
If you end up in this situation, please call our office at 727-888-3925 and we can help you sort out your options.
- “Is my insurance coverage enough?”
If your insurance policy does not cover the damages and medical cost of injuries, the other driver will not be able to recover the full amount they need from the insurance company alone. In this case, it is possible that they might try to sue you personally to recover the full amount they need, but it is unlikely.
If you think this may be the case, please call us immediately at 727-888-3925 and we can help you sort through your options after hearing the details of your case.
- “Does the other driver have insurance?”
Regardless of if the other driver is carrying insurance, they may still try to come after your insurance to help pay for their injuries and damages if they believe you are at fault. It is a good idea to consult with a personal injury attorney about your situation immediately if you think this is the case: 727-888-3925.
If you were also hurt in the accident with minor or major injuries and the other driver does not have insurance, you better hope that you signed up for UM coverage in the case that you are dealing with someone who is uninsured or underinsured.
- “Was the accident my fault?”
Be honest with yourself. Do you think the accident was your fault? If you do, and the other driver was hurt, you may have a future lawsuit on your hands.
Remember when talking to anyone (the other parties involved, insurance adjusters, police, etc), never admit fault before consulting with an attorney. This little detail could ruin your case even if the accident was actually not your fault at all.
Many drivers will try to go through the insurance claim process before seeking legal assistance. However, oftentimes this is a very tedious and drawn out process which turns drivers to their other option- finding an attorney and pursuing a lawsuit.
Of course the reasons we have defined here today are not the only reasons people sue. We know all too well how vindictive people can be after an accident when they feel they are entitled to a certain amount of compensation.
What to do if you think you are being sued after a car accident?
The laws in each state vary, each insurance policy is different and all accidents are unique. It can be very helpful to have a professional on your side to help guide you through this intricate process.
However, if you’ve recently been in an auto accident, you may be encountering issues seeking compensation with your insurance company. That is normal. Because despite contrary belief, insurance companies do not want to pay out for accidents. They want to keep as much money in their pockets as possible.
An attorney can be useful in adding pressure to your insurer, helping you get the compensation you need.
If you have specific questions about your case and are interested in working with a professional, please contact us at Pipas Law Group.