In a motor vehicle accident where there is insurance, the insurance company of the at-fault driver typically pays for a civil suit. This is because the insurance company is responsible for defending the at-fault driver and paying for any damages that are awarded to the victim.
However, there are some cases where the insurance company may not pay for a civil suit. For example, if the at-fault driver was driving under the influence of drugs or alcohol, or if they were driving recklessly, the insurance company may deny coverage.
In addition, if the victim’s damages exceed the limits of the at-fault driver’s insurance policy, the victim may need to file a lawsuit against the at-fault driver personally. In this case, the at-fault driver will be responsible for paying any damages that are awarded to the victim, even if they do not have any insurance.
If you are involved in a motor vehicle accident and you are considering filing a civil suit, it is important to speak with an attorney to discuss your options. An attorney can help you determine whether or not you have a valid case, and they can represent you in court if necessary.
Here are some tips for handling a civil suit after a motor vehicle accident:
- Gather evidence: Collect any evidence that you have related to the accident, such as police reports, medical records, and witness statements.
- Contact an attorney: Speak with an attorney to discuss your case and your options.
- File a lawsuit: If you decide to file a lawsuit, you will need to file a complaint with the court.
- Negotiate a settlement: Once the lawsuit is filed, you may be able to negotiate a settlement with the other party.
- Go to trial: If you are unable to reach a settlement, you may need to go to trial.
Filing a civil suit can be a complex process, but it is important to remember that you have the right to seek compensation for your injuries and losses.