(ThyBlackMan.com) After a car accident, you may think that the law mandates against being sued. Think again – there are several possibilities where you can be sued following an auto accident. This article explains the situations in which you’re vulnerable to a lawsuit and what you should do in each case.
1. You were Partially at Fault
Partial fault can be as little as 1% if it determines the accident’s severity, so it’s important to remember that the person who hit you doesn’t need to be 100% at fault for you to be open to suit. For example, if you rear-ended someone, you’re partially at fault.
2. You Fought with the Driver of a Nearby Car
You may have a sturdy defense against the driver whose car you damaged in the accident, but if you turned around and attacked their passenger or were hostile to the driver after the accident, you could face a lawsuit by that person. It’s not the same as fighting with a pedestrian.
3. Not Wearing a Seat Belt
It is well established that failing to wear your seat belt is against Virginia law, and you can be arrested for this. However, suppose you are sued for hitting another car or a pedestrian or cyclist that you hit and injured. In that case, insurance companies have the right to ask about prior violations of the seatbelt law as evidence of negligence.
4. You Failed to Provide Proof of Insurance
It is a critical issue. If you did not provide proof of insurance on the date of the accident, you could be sued for this. If you have a discounted rate for your insurance, you should provide proof of that to the police. It’s also essential to make sure you have proof of insurance promptly. If you are sued for hitting another car or a pedestrian or cyclist, your insurance company could ask the court to order the other party to provide proof that they have the right to sue at the time of your accident.
5. Failing to Provide Information About the Accident
If you don’t provide your name, address, and vehicle registration number when there is an accident, you could be subject to a lawsuit for this. You could also be sued for not providing the other driver’s insurance information. It is a good idea to check your own and the other driver’s insurance information on the police report.
6. The Other Driver is Underage
Underage drivers are not liable for any damages they’ve caused in an accident unless their parents have given them permission to drive, which would make them responsible for the damage and injuries. It is a good idea to request proof of this permission.
7. You were Drunk or High
DUI is a serious issue. If you were under the influence of drugs or alcohol and ended up damaging another vehicle or the property of another person, you could be sued. It is not possible to sue someone for being under the influence of drugs or alcohol, but it IS possible to sue someone who causes such damage.
If you cause a car accident and are at fault, take action to make amends for the harm you’ve caused. Focus on keeping yourself and others safe in the future. If you have additional questions about this or other legal issues, speak with an experienced attorney and learn how to file a claim.
Staff Writer; George Carter
