Drivers in Indiana generally carry liability insurance, as well as uninsured motorist protection. When you get hurt in a car crash or the insurance declares your vehicle a total loss because of the damage caused in a wreck, you will make a claim against the at-fault driver’s insurance policy and possibly your own if they have low levels of coverage.
Some drivers don’t just make an insurance claim. They also file a civil lawsuit in response to a car crash. When is a lawsuit the right response to a motor vehicle collision?
When there are significant losses involved
Generally speaking, only those with verifiable losses that exceed the insurance coverage available can pursue a personal injury claim after a car crash. They will need to demonstrate that the other driver did something unsafe or illegal and that they have expenses as a result of that negligence or misconduct.
When it comes to timing, sooner is always better than later, as you will start creeping toward the statute of limitations on the day of the crash. If you don’t file a civil claim within two years of the collision, you will typically no longer have the right to do so.
Provided that there was obvious fault involved in the crash and inadequate insurance coverage for the extent of the damage caused, a civil lawsuit can be a way to both minimize your losses from the crash and create consequences for the driver responsible for the wreck.
Learning more about the basics of personal injury claims in court and against insurance can help those trying to handle the consequences of a motor vehicle collision.