The standard car accident claim is a fairly simple and efficient process. However, some cases may lead to litigation. If you're not sure whether you might have to sue to obtain compensation, here are four scenarios where that may occur.
One of the simplest reasons to hire a car accident litigation attorney is because an insurance provider rejected your claim. For example, the other driver's insurance company might find the claimant at fault. Similarly, they might assert the policy doesn't cover the incident in question.
If you're looking at a rejection letter, you should at least have a lawyer review the letter and the facts of your case. They can then tell you whether you might have grounds for litigation and if they'd pursue the case.
Another argument for suing is that the insurance company won't consider a bigger compensation package. For example, an insurer might insist a case has hit a policy limit. However, your car accident attorney may assert your right to more compensation based on your state's catastrophic injury laws. If there is a disagreement about how the law might apply to your case, you may want to litigate so you can get the opinion of a judge and jury.
The Defendant Has No Insurer
Suppose you were in an accident where the defendant was an uninsured driver. This can be a challenging case because the defendant might not have enough money to pay you. Likewise, they may simply not know how to respond to a claim, even if you have a car accident attorney pursue it. Some people will ignore compensation demands, hoping the claimant will go away, too.
How do you get compensation in this scenario? A successful lawsuit will leave a claimant in a position to seek a court order. In this scenario, the judge may garnish the defendant's wages or even seize some of their assets.
Duty of Care
Whenever someone pays for an insurance policy, the insurer assumes a duty of care. This is a legal obligation to protect the customer's interests within the terms of the policy and any applicable laws. If an insurer fails in this duty, litigation is the main solution.
Suppose you filed a claim with your insurer because you had an accident with an uninsured driver. If your policy covers that scenario and your insurer balks at paying, you may have to litigate the issue.
Contact a car accident attorney for more information.