Can Someone Sue You for a Car Accident If You Have Insurance?

Yes, an injured person can sue you after a car accident you caused, even if you have insurance. This would be most likely in situations where their losses from the accident exceed your insurance policy limits. If you believe the other driver was at fault, you can sue them, but filing a claim with their insurance company is the first step.

Filing a Lawsuit After a Car Accident

Georgia passed the Motor Vehicle Accident Reparations Act to make such lawsuits unnecessary in most circumstances by requiring drivers to carry liability insurance. However, despite this law, people injured in an accident caused by someone else can file a lawsuit against the at-fault party.

According to the Consumer Guide for Automobile Insurance, Georgia requires all drivers to carry $50,000 of liability insurance for bodily injury per accident, with up to $25,000 per injured person and $25,000 for property damage.

Anyone injured in a car accident should file a compensation claim with the other driver’s insurance company.

However, they could still decide to file a lawsuit if:

• The insurance company denies their claim or won’t agree to a reasonable settlement
• Negotiations have taken too long, and the two-year statute of limitations is coming up
• The at-fault driver was uninsured despite Georgia law
• Their losses are greater than the at-fault driver’s insurance coverage

If the at-fault driver was uninsured or underinsured, the injured person may still receive compensation if they purchased optional uninsured motorist coverage on their own auto policy. Otherwise, the only option is to sue the at-fault driver.

Does Car Insurance Cover if Someone Sues You?

Not necessarily. If you were at fault for a car accident, and the injured person sued you, your auto insurance will only cover you up to the limits of your insurance policy. The other driver might decide to sue you if:

• Your insurance company denies their claim or won’t agree to a settlement
• The statute of limitations is coming up, and the other driver wants to preserve the right to sue you
• The injured person’s losses are greater than your insurance coverage

Having a Car Accident Lawsuit Filed Against Me

Facing a lawsuit for a car accident in Georgia can be less stressful due to the state’s comparative fault laws. Georgia’s modified comparative negligence rules reduce an at-fault driver’s compensation based on their percentage of fault. This means if the other driver was partly responsible for the accident, their eligibility for compensation decreases accordingly.

If the other driver was 40% at fault for the accident, they can only collect 60% of their compensable losses. If they were 20% at fault, they could collect 80% of their losses. However, under the modified comparative negligence rule, a driver who is 50% or more at fault for the crash cannot collect any compensation at all.

Of course, you weren’t necessarily at fault just because the other driver said you were. The other driver may have been at fault or partially at fault. Suppose a car accident lawsuit is filed against you. In that case, you need the help of a seasoned car accident attorney who can investigate your car accident case. They will obtain all available evidence to prove that you didn’t cause the accident.

A lawyer can also work to resolve a lawsuit against you without going to court. Your attorney can convince your insurance company to pay the other driver’s claim if their denial is the reason for pursuing a lawsuit. If you were uninsured, your lawyer can determine whether the other driver carries uninsured motorist coverage.

Injured in a Car Accident? You Need a Lawyer

If you were injured in a car accident in Georgia, you need an experienced Atlanta, GA, car accident lawyer working on your case.

Jonathan R. Brockman, P.C. is an Atlanta, Georgia, personal injury law firm. We represent people who have been seriously injured in car accidents, DUI accidents, or other personal injury cases. You deserve compensation for your medical bills, lost income, and pain and suffering. Call Jonathan R. Brockman, P.C. today at (770) 205-8827 or contact us online for a free consultation. Our lawyers will work tirelessly to give justice to your case, together with our recent victories. Ask us anything related to your case.

Related posts:

How Long After a Car Accident Can You Claim Injury in GA?

Personal Injury Claim vs Lawsuit: What’s the Difference?

I Was a Passenger in a Car Accident, Who Do I Sue?