Who do you sue in a car accident case?
Motor Vehicles Accidents - July 11, 2024
Whether you had a minor accident or one that left you with a severe injury, expenses can pile up fast, causing significant strain on your finances. Filing a car accident injury claim can help you recover your costs and expenses related to the crash, known as damages. Our Chicago personal injury attorneys are experienced with car accident cases like yours and have what it takes to fight for the rightful settlement you deserve.
Do I sue the insurance company or the driver?
Sueing the insurance company or the driver is heavily dependent on your unique set of circumstances. In some cases, you may pursue a settlement with the at-fault driver’s insurance company rather than the driver directly. In Illinois, we are required to carry mandatory vehicle insurance, which generally covers the cost of any injuries or damage caused to other people or property in the event of a car accident.
Your car accident lawyer may attempt to settle out of court with the insurance company. They may present the company with a demand letter requesting a specific settlement amount based on your injuries and property damage. The demand letter may include supporting evidence and other relevant information.
If the insurance company tries to settle for an amount lower than initially asked, we will negotiate for your best possible outcome. If the company completely denies your claim or cannot negotiate for a fair settlement amount, and depending on the circumstances of the facts of the case, your lawyer may advise you to file a civil lawsuit and take the case to trial against the at-fault driver and their insurance company.
Horwitz, Horwitz & Associates
What happens if the at-fault driver is not insured?
If an uninsured motorist caused your accident, you have several options. You can file a claim with your insurance company, and depending on your coverage, this may cover all your expenses. If you are unable to file with your insurance company or your damages, exceed your policy limit, filing a lawsuit against the uninsured driver may be your best option.
Who can you sue in a car accident you were partially responsible for?
If you were partially responsible for your car accident, you may be able to collect compensation as long as you were less than 50% responsible. This term is called comparative negligence (735 ILCS 5/2-1116) and allows you to recover the settlement amount reduced by your percentage of fault. If you were more than 50% responsible, however, you may not be qualified to receive a settlement.
An example would be in a case where another driver was 75% at fault for running a red light (negligent driving), and you were 25% at fault for having a missing tail light (reduced visibility). Your settlement may be reduced by 25%. However, you may be eligible to collect 75% of your damages. With any claim, it will be important to establish fault for the accident.
If I were a passenger in a car accident, who would I sue in a car accident?
As a passenger, you have every right to file a claim with the at-fault driver’s insurance. You may be able to file a personal injury lawsuit if that is deemed necessary. Speak with a Chicago car accident attorney today to determine the next steps to protect your best interests.
Contact Chicago’s leading motor vehicle accident law firm
When you are in a car accident that was someone else’s fault, you deserve to be compensated for your losses. Call Horwitz, Horwitz & Associates at (800) 985-1819 or contact us online to set up a free consultation and learn more about who can be held liable for your car accident injuries and losses.
