Getting Sued After a Car Accident: The Dos and Don’ts

Being involved in a car accident is a traumatic experience. It’s even worse if you find out you’re getting sued after a car accident.

You can be sued for a minor or serious car accident. This is not a fun experience, and you may wonder what to do next. The next best step is to consult a car accident attorney. They can make sure you’re handling the car accident lawsuit correctly and avoiding putting yourself at further risk.

You don’t have to face being sued alone. Here’s a guide to the do’s and don’ts of a vehicle accident lawsuit.

Getting Sued After a Car Accident

You can be sued after a car accident even if you have insurance. They can still attempt to sue you for their injuries and any damages suffered in the accident.

If you have adequate insurance, you’re protected to some extent. Your liability insurance may cover paying a lawyer to defend you.

This type of insurance is known as personal injury and property damage coverage. If someone is suing you following a car accident, it’s in your best interest to consult a car accident attorney as soon as possible.

Someone could sue you after a car accident if:

• They don’t have the proper insurance coverage
• Their damages are greater than the liable policy limits
• They can’t reach a settlement with your insurance company
• They’re suing for things insurance won’t cover like pain and suffering

Some at-fault drivers may choose to sue as a form of retaliation, hoping the other driver won’t pursue any damages. If you’re facing this situation, you should hire a car accident attorney to protect your rights and fight on your behalf.

File a Police Report

A police report is an essential document in a car accident case. It outlines all the details of the accident, including the road conditions and other potential hazards.

The report may include witness reports to give the judge evidence of who is at fault.

Seek Medical Treatment

The aftermath of an accident is chaotic, to say the least. In the minutes after an accident, many people are disoriented and unsure about what to do next.

They sometimes decline a medical exam or trip to the emergency room, even when it’s the right choice. Don’t make this mistake.

It’s a good idea to seek medical treatment following an accident. Failing to get the proper medical documentation can lead to legal issues for you down the road.

The insurance company could look at the lapse in treatment time to be a reason to deny your claim. Some accident injuries aren’t noticeable right away and may appear hours, days, or weeks after an accident.

Seek medical attention and ongoing care if needed to avoid any potential pitfalls to your case.

Hire a Car Accident Attorney

Car accidents are stressful events. Even a minor accident can cause injury and emotional distress. There’s always a chance the other party could try to file a lawsuit against you for their damages.

Dealing with insurance companies and potential lawsuits after an accident is stressful and overwhelming. Unless you’re an expert in personal injury law, it’s never a good idea to face a vehicle accident lawsuit alone.

Make sure you have an experienced personal injury lawyer by your side to protect your best interests and guide you through the legal process.

Gather Evidence

Evidence is critical in a car accident case. You want to gather as much evidence as possible if you’ve been involved in a car accident. 

This includes collecting contact information of potential witnesses and photos and video of the accident scene. If you are sued by the other party, you want as much evidence as possible to back up your claim.

Documentation to prove your case may include:

• The police report
• Photos of your car’s damage
• Photos of the accident scene
• Video footage
• Eyewitness statements
• Contact information
• The points of impact on your car
• All injury-related receipts and invoices
• Medical records from doctors or therapists
• Copies of bills for legal services

If you’re not at fault, you shouldn’t have to pay for someone’s losses following a car accident. Getting sued can be scary, but it’s in your best interest to gather and keep any documents relating to the accident.

You have the right to fight for damages and build the strongest case possible to protect yourself from being sued.

Cooperate With Law Enforcement

If you were involved in a car accident, there’s likely a police report detailing the incident. In some cases, the police will contact you again with additional questions.

It’s in your best interest to cooperate with law enforcement. If you are unsure about what to say, discuss it with your attorney.

If you don’t know the answer, you can tell them you don’t remember. Lying or giving false information to the police can hurt your case.

Refrain From Posting Information Online 

After a traumatic event, your first instinct may be to get angry and vent about the situation. If you are being sued, this is the last thing you want to do.

Posting the details of your car accident will not help your case. In fact, doing this without your attorney’s advice could backfire and hurt your case.

Remember to limit the information you share via social media, online messages, text, and email. When you put it in writing, it becomes evidence.

You don’t want things you say to be the reason a judge rules against you in a car accident lawsuit.

Don’t Admit Fault for the Car Accident

You should never admit fault for a collision, even if you think you caused it. It’s always possible the investigation will prove you weren’t at fault or that you’re only partially at fault.

If you take responsibility for an accident before an investigation is complete, it can be used against you and may increase your chances of being sued. 

Reasons you shouldn’t admit fault include:

• You may reduce your chances of recovering compensation
• You aren’t legally obligated to admit fault
• You aren’t a car accident investigator
• Statements you make to the police may be held against you
• Insurance companies may use your admission of fault to deny your claim

You are required to notify your insurance company after a car accident. If it was a minor accident without any injuries, you can notify them yourself. 

If anyone was injured in the accident, it’s in your best interest to contact a car accident lawyer first. If the insurance company offers you a quick settlement, talk to an attorney before accepting a settlement.

Don’t Get Rid of Evidence

Save every document, photograph, or video related to your accident or injury. If you have a visible injury or had surgery due to your injuries, take pictures.

Your attorney may be able to assist you with a photographer to provide high-quality documentation of any injuries. Having documentation of your injuries and how the accident has impacted your life is key evidence for a jury or insurance company.

Taking pictures of the damage to your car or property can be helpful for seeking compensation for these items.

Don’t Fall for an Independent Medical Examination (IME) 

At some point, you may receive a request to undergo an “independent medical examination” (IME). Doctors who conduct these exams are usually affiliated with the insurance company. 

They may minimize your injuries or claim you have no injuries at all. If you receive a request for an IME, consult your attorney right away.

They can help you understand the process or help you avoid having an IME if it could damage your case.

How Do You Know If You’re Being Sued?

Just because the other party tells you they are filing a lawsuit, it doesn’t mean they will follow through. People sometimes make statements like this when they are hurt or angry.

You can know the other party filed a suit if the Sheriff’s Department serves you documents that outline the details of a lawsuit. This is your confirmation you’re being sued for a car accident.

If you’re uncertain whether paperwork has been filed against you, check with your county clerk. They would have a record of any lawsuit against you on file.

If You Are Being Sued, What Can They Take?

Typically, car accident cases are settled out of court, and personal assets aren’t involved. Car accident cases that go to court are subject to the court’s ruling.

This could include a collection of your personal property. However, there are certain assets that are excluded, including your home, life insurance, and retirement account.

A car accident attorney can help protect your rights and your assets if you are sued in a vehicle accident lawsuit.

Find the Best Car Accident Attorney

A car accident is a traumatic event for everyone involved. It’s even worse to find out you’re getting sued after a car accident. 

If you’re facing this difficult situation, a car accident attorney can help. At Sweet Lawyers, we have over 40 years of experience helping accident victims just like you.

We know how difficult and stressful the aftermath of a car accident can be. We’re here for you and your family at this difficult time.

Contact us today to schedule a free case evaluation.