The short answer is yes. You can sue someone personally after a car accident. Victims who find themselves at a stalemate with the liable insurance company can sue the other party for what they are owed.
The litigation process, however, can be complex. There are a few things claimants should be aware of before considering a personal injury lawsuit.
Why Working with Insurance Companies Is the First Logical Step
Insurance companies are extremely well-versed in auto accident claims and state laws. Additionally, they are highly motivated to resolve legal matters quickly. If your case is fairly straightforward, you may be able to recover compensation through an insurance claim.
However, issues can arise when damages are extensive and multiple parties are involved. To save their company money, some insurers will drag out the claims process, hoping that victims will accept less than they deserve. In these cases, victims often wonder if they can sue someone personally after a car accident. If you cannot resolve your case through an out-of-court insurance settlement, then you can file a lawsuit.
How to Determine if Suing Someone Personally Is in Your Best Interest
Deciding when to take your claim out of the insurance adjuster’s hands and place it into the hands of a judge and jury can be confusing. Thankfully, there are a few signs that could indicate whether filing a lawsuit is in your best interest.
Some of these signs include:
The Insurance Company Offers You a Low Settlement
If the insurance company repeatedly extends low settlement offers, then filing a lawsuit could resolve your personal injury case. Sometimes, upon filing a lawsuit, the insurance company will offer you a fair settlement. When you work with a Nevada car accident lawyer, they can advise you on the feasibility of any settlement offers.
Additionally, they can calculate the cost of your damages so that you understand what you are owed.
The Insurance Company Denies Liability
The liable insurance company may argue that their customer did not cause the crash, and therefore, they are not responsible. If the insurance company denies liability, you can file a lawsuit to hold the negligent party accountable. As noted, working with a Nevada car accident lawyer could help you.
They can gather the necessary evidence to prove that your accident was the result of another party’s negligence. To prove your case, they can:
- Cite the information in the police report
- Review traffic camera footage
- Present evidence before a judge and jury
- Cite whether the other driver was issued a traffic citation
An attorney may be able to provide assistance in ways not listed here.
The Insurance Company Employs Bad Faith Insurance Practices
Some people hear the term “bad faith insurance practices” and only have a general idea about what it means. Bad faith insurance practices are any unfair strategies that challenge the validity of your case. So, for instance, if the insurance company denies you the coverage that is clearly outlined in your policy agreement, this would be considered a bad faith insurance practice.
Some other examples include:
- The insurance adjuster fails to respond to your emails, messages, and phone calls in a timely manner
- Your claim is passed around from person to person, delaying your case’s progression
- The insurance adjuster tells you that you have a limited time to accept an offer, despite information to the contrary
- The insurance company lowballs the cost of your damages, despite your supporting evidence
You do not have to deal with uncooperative insurance companies alone. A lawyer can help you seek compensation following a Nevada car accident.
Start Working with a Nevada Car Accident Attorney
Our legal team has secured more than $100 million in settlements for our clients. We pride ourselves on doing more than just litigating; we take pride in the fact that we are working to help clients rebuild their lives. Claimants looking to sue another driver can call (702) 633-3333 to speak with a member of our team.
This call is completely free of charge, and all services rendered after the initial consultation are provided on a contingency-fee-basis. This means that our clients pay us nothing unless their cases are resolved. You may have a limited time to file a lawsuit under NRS §11.190(4)(e) so we encourage you to act promptly.