This is not intended to substitute for the advice of an attorney. When a defective vehicle or vehicle part is the cause of a traffic accident with injuries, as mentioned previously, the manufacturer and retailer may be liable. If you are not going to use your insurance, why have it? His legal accomplishments are diverse and numerous. You can sue for any amounts not paid by your own insurer, so you could combine the two approaches: get as much as you can from your insurer, then sue the other driver, such as in small claims court, for the deductible. It is up to the at-fault driver defendant to sue his own company for bad faith in refusing to pay the policy limit, so now, the at-fault driver may be expected to pay the total amount of your damages.
If there were other drivers who were involved, you need to file a claim against each one since for paying a percentage of your injuries based on the percentage of fault legally assigned them. You can have peace of mind knowing that your medical bills will be paid and your car will be repaired after an accident with an at-fault driver, or you can hope that any driver who does you damage has insurance. Here's some helpful study questions. The next coverage that will protect you in the event of a run-in with a motorist lacking insurance coverage is collision. A few of the more well know and popular types of insurance are liability, comprehensive and collision.
The cost for can often be as little as a few dollars a month, particularly if you bundle the policy with existing insurance. However, you usually still have the option of suing for damages to your vehicle, according to. Bad Faith Lawsuits If you have made a demand of the insurer to pay you the policy limit for your injury, and the insurer refuses to pay that amount, the company may be liable for the total amount of your damages. Your insurance company will verify that no insurance coverage is available from other sources. Collision coverage also includes a deductible amount that you specified when you bought your policy. Thus it is especially important to see what exactly is covered.
Another statute, The Indiana Financial Liability Act, Ind. Punitive damages are arbitrary amounts awarded with the sole intent of punishing the drunk driver and deterring future drunk driving incidents. If you can prove in court that the other driver was in fact at fault in causing the accident and also prove the cost to repair your car, you should have a successful outcome. If you have this particular type of coverage, you would first make a claim with and collect all you can from the uninsured or underinsured motorist, and then make a claim with your own insurance company for the balance. Traditional Negligence States If you live in a traditional state, and are hit by an uninsured or underinsured motorist, problems could arise.
If negotiations are unsuccessful, your insurance policy will describe how coverage disputes are to be resolved. These dangerous crashes have influenced the Indianapolis Metro. Most states impose significant penalties if you drive without having valid. Often, this may be the preferable approach, because your own insurer is easier to deal with and likely to settle with you faster than the other driver or their insurance company. The effect of no-fault laws on civil suits against drunk driving is constantly debated in no-fault states. When a car accident was the fault of the other driver, you are entitled to compensation for the damage caused by his or her negligence, or unreasonable carelessness.
Wrongful death suits are a variation on a standard personal injury negligence lawsuit, and generally follow the same road map. You could also face an inability to earn an income if the injuries restrict you from driving or doing any other kind of work. Because of this, we strongly recommend that you purchase additional car insurance coverage to protect yourself during the policy gap. Furthermore, the Lyft insurance policy only covers liability. Period 3 Period 3 covers the time when you have picked up the passenger to when you drop them off at their destination. Even the most minor car accident can be a major annoyance. States operating under this model generally have less stringent insurance requirements—or no requirements at all.
You would thus need to move on to step three. Apportionment of liability is often a dogfight, whether it happens in court or between an injured party and an insurance adjuster. Do you feel comfortable that you are fully covered? So, if you were hurt in the accident, your collision coverage will not pay your medical bills—but your health insurance should. In those states, if you cause a car accident and another person is injured, that person can sue you for all of the damages that person suffered from the car accident. They are a valuable resource when you are in an accident. With some exceptions, this is generally true even if you go to court and a judge or jury awards you more than the policy limits.
When fault is relatively clear, your own insurance coverage should kick in and help pay the expenses to repair the car of the uninsured driver, at least up to your policy limits that is, the insurer only has to pay up to the amount of coverage you selected and for which you paid; you would be personally responsible for any costs or damage in excess of that limit—which is a reason to not purchase only the minimum insurance. Collision coverage, for example, lets you recover the cost of getting your vehicle fixed by filing a claim with your own insurance company, regardless of who was at fault in the accident. You may also be faced with hiring a lawyer at your expense, unless you want to try to defend the case yourself. If you are injured by a drunk driver, a civil suit could be your only recourse when attempting to recover the costs of medical treatment, lost wages, damaged property or other economic damages. Uninsured drivers may be forced into. Criminal Proceedings A civil suit for drunk driving is a separate -- and distinct -- process from any criminal proceedings a drunk driver may face.
How can you protect yourself and your assets against a claim that exceeds your policy limits? However, this is extremely rare and requires an experienced auto accident attorney who is familiar with bad faith law and can set up a potential claim for bad faith during a car accident lawsuit. Our personal injury lawyer serves clients in Arkadelphia, Little Rock, Hot Springs, Texarkana, El Dorado, and throughout the state of Arkansas. If your vehicle is totaled in an accident or stolen, your collision and comprehensive coverage will only cover the. In addition, if you have paid extra for collision or uninsured property damage coverage in your own car insurance policy, you can be compensated for the damages to repair your car. The relatively small increase in insurance premiums is well worth the protection afforded by the higher policy limits.