DECEMBER 20, 2023 – Living in a military community has some unique opportunities and even challenges for service members and their families. But just like civilian motorists, people in military communities encounter risks on the roads. Anytime you drive, you must be cautious and aware of the potential hazards and dangers around you. Accidents can occur at any time, and their causes and consequences can vary.
If you are at fault or are accused of being at fault or partially at fault for an accident, you could face a lawsuit. This can be especially true if the other party suffered injuries. If you are sued, you still have rights, and you must be prepared to mount a defense. Protecting yourself when you are sued after a car accident is crucial. You will need legal support and guidance as you take the proper steps.
Can Someone Sue You Even If You Have Insurance?
First, it’s important to understand that another motorist can pursue legal action against you after an accident, even if you have car insurance. Having insurance coverage is, in fact, required in 48 U.S. states, whether you are in a military community or anywhere else. Only Virginia and New Hampshire forgo this requirement. In addition, many states require that drivers have liability insurance, which includes coverage for injuries and property damage.
However, adhering to these requirements and having these coverages does not exempt you from lawsuits in an accident. Injured parties could still sue you in certain cases. These include situations where the cost to treat and care for injuries exceeds what your insurance will cover and if you cause the accident intentionally. An injured motorist may also sue you, even if you have insurance, if the claims process is dragging on.
Inform Your Insurance Company Promptly
After an accident, all parties involved should notify their insurance providers as soon as possible. If you are at fault for the accident, your insurance company should pay the claims. Still, the other party should notify their insurance company, and you should do the same with yours. It’s vital that you communicate with your provider and ask about the limits of your policy or any exclusions there may be. This information can prepare you for any impending lawsuit and leave you not feeling surprised or blindsided. Also, talking promptly to your insurance company after the incident shows that you are proactive and puts you in the most favorable position possible.
Understand What Damages the Other Party Can Claim
Some states are what are called no-fault states. There are 12 such states in the U.S., and drivers in these states must have personal injury protection insurance or PIP. This coverage essentially eliminates the possibility that a person can sue another driver for minor injuries, as the PIP coverage will pay for such treatment. An injured person may sue when the injuries are severe and exceed what PIP could pay out.
For serious injuries following an accident, including those that occur in a military community, a person could sue for several damages and seek compensation. You can be in a better position to defend yourself and build a case as you understand what a person can claim. The injured driver can seek damages for medical expenses, including hospital stays, doctor’s office visits, surgeries, treatments, rehabilitation, and medical equipment. The person could claim damages for lost wages and future lost wages due to the inability to continue working. Pain and suffering, mental distress, and even loss of enjoyment or loss of companionship are common claims after a car accident.
Seek Legal Counsel and Hire a Lawyer
Facing a lawsuit following a car accident is not an automatic loss or reason to fear the worst. Even if you were at least partially at fault for the incident, you still have legal rights and may have grounds to refute the other person’s claims. Regardless of how much your insurance company can pay the other party for their injuries, you should speak to a lawyer. Experienced injury attorneys have the knowledge and proven track record to provide a viable defense. A lawyer will review your case and examine the details of your insurance coverage.
Having a lawyer on your side following a car accident lawsuit has many advantages. First, a lawyer can offer legal expertise that you lack in understanding the lawsuit and the consequences you face. A lawyer is also skilled at negotiating with other parties and insurance companies. This professional will ensure that your rights and interests are honored and upheld, whether the case goes to court or is settled outside the courtroom.
Most importantly, hiring a lawyer reduces the risks of losing your case. Having a lawyer represent you does not guarantee that you will be successful, but it does decrease your chances of facing serious financial and legal repercussions. Your lawyer will assess whether the other party’s claims are valid. The lawyer may determine that you are, in fact, not at fault for the accident or that the other person shared some fault. When you speak with a lawyer, make sure you bring all car accident information to your visit.
Preventive Measures
One of the most effective ways to protect yourself in an injury lawsuit is to never be in the situation in the first place. You can take steps to minimize the chances that you will be sued or even be in an accident. Drive safely and defensively. Always obey traffic laws, especially by driving within the speed limit and stopping at all stop signs and red lights. Never drive under the influence of drugs or alcohol. You should also be mindful not to drive distracted. This includes not texting or looking at your phone while you drive.
Facing an injury lawsuit after a car accident is a serious matter. Carrying car insurance alone is not enough. You must be prepared in the event that you are in an accident and someone else sues you. These guidelines can give you peace of mind and the resources you need in this urgent time.