When should you file a civil suit for a car accident?

Depending on a number of factors, preferably upon the advice of legal counsel, a victim may consider filing a car accident civil lawsuit. At least initially, insurance companies will make attempts to settle a car accident claim outright, without further legal intervention. Again, depending on the case, the initial settlement offer will most likely not be in the best interest of a victim, and a victim may not even have time to value his or her injuries and other losses accurately before an initial settlement offer is on the table.

Although not applicable to every car accident case, filing a lawsuit will become an applicable option in the following scenarios:

• If a victim is injured or harmed in a car accident, which involves fault of another party who is not legally insured or does not carry sufficient coverage to compensate for the extent of the injuries sustained, a victim may consider filing suit.
• In many cases, a lawsuit is filed as part of the claims negotiation process, in an attempt to bolster the credibility and seriousness of a victim’s demand letter and other claims.
• If any item in the claims settlement or car accident case is in dispute, such as fault of parties involved, extent of injuries acknowledged or a litany of other items that may arise to become topics of contention between a victim and liable parties, filing suit may be the only realistic option to recover compensation.
• Finally, if an insurance company or other liable party refuses to negotiate or settle a claim, filing suit may be the only alternative for a victim as well.

It is important for an injured person in a car wreck to note that her case will involve highly case-specific elements and considerations, which may ultimately also be influenced by state laws, insurance company policy and other factors (which only an experienced car accident attorney can adequately address).