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Why Should You Sue The Other Driver After A Car Accident?

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By Yosi Yahoudai
Founder and Managing Partner

In many cases, a lawsuit is not required for car accident claims. Most of the time, legal action after a car accident is not needed. If there were no injuries and the other driver has auto insurance, it is likely that their insurance provider will cover the expenses for your repairs. However, there are certain situations where it may be beneficial to pursue a lawsuit following a car accident.

Consider taking legal action if you have submitted an insurance claim that was rejected, received an exceptionally low settlement offer, or encountered an insurance company that refuses to negotiate.

Reasons you should sue the other driver after a car crash

  1. Your insurance claim was rejected
    • If your insurance claim was rejected for any reason, a lawsuit may be your best course of action.
  1. You received a low settlement offer
    • If the insurance company for the other driver gives you a very low settlement offer, you have the right to sue them to get what you deserve.
  1. The other insurance company refuses to negotiate
    • If the other insurance company refuses to negotiate with you for any reason, that is legal grounds to file a lawsuit against the other party.
  1. Negligence
    • If the other driver was negligent in their actions, such as speeding, running a red light, or driving under the influence, you may be able to sue them for damages.
  1. Serious injury
    • If you or a passenger in your vehicle suffered serious or permanent injuries as a result of the accident, you may want to pursue a lawsuit to recover compensation for medical expenses, lost wages, and pain and suffering.
  1. Wrongful death
    • If the car crash resulted in the death of a loved one, you might pursue a wrongful death lawsuit against the at-fault driver.
  1. Property damage
    • If your vehicle or other personal property was damaged in the accident, you could seek compensation for the cost of repairs or replacement.
  1. Insufficient insurance coverage
    • If the other driver’s insurance coverage is not enough to cover your losses, you may need to sue the driver to recover the remaining damages.
  1. Uninsured/underinsured motorist
    • If the other driver was uninsured or underinsured, you might pursue your own Uninsured/Underinsured Motorist coverage to recover compensation for your damages.
  1. Punitive damages
    • In cases where the other driver’s actions were particularly reckless or malicious, you may be able to seek punitive damages, which are intended to punish the defendant and deter similar behavior in the future.
  1. Emotional distress
    • In some cases, you might be able to seek compensation for emotional distress caused by the accident.

The personal injury attorneys at J&Y Law are here to provide you with legal advice tailored to your specific situation. Laws and regulations can change, and our attorneys can provide the most up-to-date information and guidance. Contact us today for a free case evaluation regarding your car accident.

How Long After A Car Wreck Can You Sue In California?

In California, the statute of limitations for filing a personal injury lawsuit after a car wreck is generally two years from the date of the accident. This means you have up to two years to initiate a lawsuit to seek compensation for injuries and damages sustained in the accident.

For property damage claims, such as vehicle repairs, the statute of limitations is three years from the date of the accident.

It is important to note that these deadlines are strict, and failing to file a lawsuit within the specified time frame may result in losing your right to pursue compensation. To ensure you comply with all relevant laws and deadlines, it is recommended to consult with a personal injury attorney who is familiar with California law.

Please remember that legal information can change, and it is always best to consult an attorney for the most up-to-date advice for your specific situation.

Who Pays When You Sue After A Car Accident in California?

In California, a “fault” or “at-fault” system is used to determine who is financially responsible for damages after a car accident. This means that the person who is found to be at fault for the accident is generally responsible for paying compensation for injuries, property damage, and other losses. The at-fault driver’s insurance company typically covers these costs, up to the policy limits.

When you sue after a car accident in California, you’re typically seeking compensation from the at-fault driver’s insurance company. However, if the at-fault driver has insufficient insurance coverage or is uninsured, you may need to pursue compensation directly from the driver. In such cases, collecting damages may be more challenging, especially if the driver has limited assets. Alternatively, you can pursue your own Uninsured/Underinsured Motorist coverage if your insurance policy contains such coverage.

Additionally, it’s worth noting that California follows a comparative negligence rule. This means that if you are found to be partially at fault for the accident, your compensation could be reduced in proportion to your degree of fault. For example, if you are found to be 30% at fault, your potential compensation would be reduced by 30%.

Please consult a personal injury attorney for legal advice specific to your situation, as laws and regulations can change, and an attorney can provide the most accurate and up-to-date information.

Note: This page was written with the assistance of artificial intelligence software, but was reviewed for accuracy and approved by attorney Yosi Yahoudai.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.