When another driver’s negligence leads to car accident injuries, you may have legal recourse.
Your first course of action should be to file a claim with the driver’s insurance company. If this does not produce the desired result, your next step may be a lawsuit.
What is the difference between a claim and a lawsuit?
A claim is a request for compensation. If another driver’s negligence caused the accident, you should submit a claim to the driver’s insurance company. According to Connecticut state law, drivers must have at least $50,000 per accident in bodily injury liability coverage and $25,000 per accident in property damage liability coverage.
Sometimes, an insurance claim is all that is necessary. However, if the insurance company does not offer you a satisfactory settlement, you may need to file a lawsuit and attempt to collect damages in court.
Should I sue the driver or the insurance company?
In a car accident lawsuit, the defendant’s insurer generally has a duty to provide legal representation and pay any resulting judgment that falls within the driver’s liability coverage limits. When you file a lawsuit against the at-fault driver, you should be aware that you are effectively suing the insurance company, which has more resources to defend against your claim than an individual defendant would.
How long do I have to file a suit?
Generally, you must file your suit within two years. It is very difficult to obtain an exception to this time limit, so quick action is vital to the success of your case.
If you decide to pursue a car accident lawsuit, you should understand your options and the process involved.
