5 Times When Someone Will Likely Sue You After a Car Accident

If you get into a car accident, that can damage your vehicle. It can also traumatize you. You might walk away with physical injuries and PTSD in the worst instances.

You may also face a lawsuit after a car wreck. You’d hope that it won’t happen, but it might. If you hit a vehicle, you must wait and hold your breath to see if the driver feels like they should bring a lawsuit. In many states, a two-year statute of limitations applies to car wrecks, meaning a lawsuit could be filed several months after the crash.

You never know when someone might sue you after a car wreck, but it’s more likely following certain incidents or situations. We’ll talk about five of those now.

You Don’t Have Insurance

You need to have car insurance to drive as well as a valid driver’s license. Most states have a minimum amount of insurance that you must carry. That amount varies. Some states require you to have more, while others say you can have less. 

You need to have that minimum amount, though you can always have more. If you get a larger policy, it will cost more, but it gives you better protection if you happen to hit a vehicle and it’s clearly your fault.

If you don’t have any insurance, and you decide that you’ll drive anyway, maybe you do it because you’re reckless. However, some people also do it because they don’t have very much money. You might let your car insurance policy lapse or never get one because you can barely pay your rent and bills each month.

No matter why you don’t have insurance, though, you will likely face serious consequences if you hit another vehicle with your car. The police might take away your license. The other driver who you hit will probably sue you. 

If they sue you, then you will almost certainly have to give them some money to repair their car’s damage. You may also have to give them money if you hurt them and they have medical bills piling up.

You might have to pay additional money if the injured party says they have pain and suffering. These noneconomic damages can hurt you financially even worse than the economic ones.  

You Don’t Have Enough Insurance

You may also expect that the other driver will sue you if you have insurance, but it is not enough. We mentioned above how states generally have a certain minimum amount of insurance that you must carry. That’s usually true whether you’re in a fault or no-fault car insurance state. 

Let’s say that you have a policy that partially covers you, but not enough. You caused the crash, and you’re in an at-fault state. In such states, the insurance of the person who caused the crash must pay for the damaged party’s vehicle repairs, and sometimes their medical bills as well. 

In such a scenario, you can see why the injured party will probably sue you. They might get some money from your insurance company, but not enough to cover their lost wages, medical bills, car repair bills, and possibly noneconomic damages as well. 

You Drove Away After the Accident

If you drove away after the accident, that’s never a smart idea. By doing so, you make yourself a target. The cops should try to track you down, since driving away from an accident scene constitutes a felony in all 50 states.

You might do so because you don’t have any insurance, or enough insurance. You may also do it because you ingested alcohol or drugs before you drove. Perhaps you’re a young driver, and you panic at that moment. 

If you drive away after an accident, then you will almost certainly face criminal charges. You might face some jail time, and the judge will likely take your license away. 

However, the other driver will probably sue you. That falls into the civil lawsuit realm. Having both a pending civil and criminal action against you can completely ruin your life. To avoid this, make sure to never leave an accident scene.  

You Ingested Alcohol or Drugs Before Driving

You should know that you’re not supposed to consume drugs or drink alcohol before you drive. That’s common knowledge, but some people still do it. Some feel like they’re good enough drivers that they can get home safe, even if they’re over the legal limit.

If you ingest drugs or alcohol and cause a car accident, then you’re likely looking at both civil and criminal charges, even if you stayed at the scene. The police will presumably give you a breathalyzer test when they arrive. If you fail it, they will arrest you on the spot. 

The other driver will also probably sue you, especially if you hurt them. They can go after you to try and get money for doctor bills and lost wages, but they might add on additional noneconomic damages as well. 

In such cases, you will almost always lose at trial, so you will probably have to settle. That might bankrupt you, especially if you hurt the other driver or a passenger permanently.  

It’s Not Clear Who Caused the Wreck

The other driver might also sue you if it’s not clear who caused the wreck. That’s not always the case, but sometimes, if it’s not obvious who should get the blame, the other driver might feel like they can potentially cash in. 

In this instance, you might win a civil lawsuit if you can get yourself a skilled civil defense lawyer. If they can gather enough evidence to suggest that you didn’t cause the accident, you might walk away without having to pay anything. 

If another driver sues you, don’t panic. Even if the situation looks dire, once you hire a competent lawyer, you can look at your options. Maybe you’re in a tight spot, but with the right legal representation, you will get through it. 

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