When you are involved in an accident and you weren't at fault, you will usually turn to the at-fault party's insurance provider to seek compensation for your injuries. Unfortunately, many drivers do not carry insurance. If the at-fault motorist is not carrying insurance, you might be forced to sue them directly. Read on to learn more about the process.
1. Initiating a Lawsuit
When suing a motorist directly, you'll likely need help from a personal injury lawyer. There are several factors to take into consideration such as:
- Whether the defendant caused your damages
- What damages you have suffered
- Whether the defendant has the resources to pay for these damages
- Whether there are other parties you may seek compensation from
2. Preparing for the Defense
Even if everything falls into place, the defendant will do everything they can to craft a case in defense of your accusations. For example, the defendant may argue that your injuries were not caused by the car accident, but were instead caused by something else out of their control. For example, if you suffered a knee injury due to a car accident, the defense might bring up that you played basketball in high school and that this may have caused your knee injury. Therefore, you'll need help from a personal injury attorney who will use the evidence to connect your injury to the accident.
Even if the defendant acknowledges that the accident caused your injuries, they might claim that your injuries are overstated. Social media posts sometimes come into play in these cases because the defendant might argue that your social media displays you engaging in activities that show that you're not as injured as you claim. It's important to make your social media to private and to meet all doctor's appointments. Follow all of your doctor's instructions so that you don't exacerbate your injuries.
3. Handling Disputes Over Liability
Motorists will often have disputes over who is liable for an accident. For this reason, you should never admit fault or say you are sorry after an accident. You may need to gather testimony from witnesses who will testify on your behalf. You may also need help from a personal injury lawyer who has contact with a network of professionals who can serve as expert witnesses such as medical professionals and accident reconstruction specialists. A personal injury lawyer will also present the evidence in court in a persuasive way.