August 11, 2011

When To Consider Litigation Against Another Driver After An Accident

After people have had a motor vehicle accident, they often wonder if they should pursue litigation against the other driver, and how that might affect their car insurance.

Of course, every case is different and every situation is different and there are no hard and fast rules about suing the other driver after a car accident. However, there are some factors to consider that may help in making the decision.

Regarding auto insurance, accidents become a part of the record and can damage your car insurance record if you are found to be at fault. They do not negatively affect your record if you are not at fault.

One of the reasons to pursue litigation against another driver is if they are at fault. Another reason is that there is a significant cost for medical treatment and car repair or replacement that your own insurance may not fully cover. If the other driver was at fault, then it is fair that their car insurance should be the one paying for medical bills and other costs associated with the accident.

However, there are other things to consider as well. While it is true that you may be able to get more money in compensation if you sue the other driver, you have to take into account the costs of your lawyer, who will be the one doing the litigating.

Many if not most car injury lawyers will take your case on a contingency basis. Because of this, you don't have to pay anything up front, but they will take a percentage of any monies you receive if you win your case. You have to factor that in and see if it is worth it.

Many people sue because above and beyond the medical and car bills, they can receive compensation for "pain and suffering". Car accidents are very traumatic in many ways and it often happens that additional money can be won under the auspices of pain and suffering, and this can amount to much greater than if you had not pursued a legal case against the other driver.

Auto insurance accidents are beneficial because both drivers are insured and the companies will help settle the claims. If a driver is uninsured, it may not be worth it to sue them, especially if they have no money to pay you or asserts.

An experienced attorney is best when you are involved in a car accident and ensuing litigation. Do not go for a cheap, inexperienced attorney - you get what you pay for.

Whatever you decide to do, make sure that you do your research and consider all the factors before you make the decision to sue another driver.