The first course of action that comes to mind after another car hits yours is to sue the other party. Typically, the law gives you 2 years from the date of the accident to sue the other party. In case of minors, the law states that the minor can sue through a guardian and have until his/her 18th birthday plus the 2 years provided by the statute.
Although, if a government authority is involved in the accident, the statute limits the time to three months. After getting involved in an accident, life can get really tough; ranging from medical bills to lawyer’s fees and thus you sue the other party to receive the compensation. The following answers to questions can help you understand the process you have to go through.
How long do you have to file a lawsuit?
Though you are provided 2 years, on the practical ground preparing the report getting all the information involved, contacting a lawyer, insurance company’s investigation, all take really long time. The question to sue or not is really important but when you have decided to sue the other party you must contact a learned accident attorney, who will guide you through the process in detail. Meanwhile, if you go through standard insurance company process, you may not be able to cover all the damages. Also, it will try to settle up its claim as soon as possible to avoid extra costs.
Where to start?
The evidence is the crucial element that you have to take care of, it can influence both the lawsuit as well as the insurance claim. Try the gather as many details as you can of the accident including the witness, car details, number of people, quantification of damages, and non- economic damages as well. You don’t want your time to be equipped in collecting details only and left with no claims later, which can cost a lot of money. Filing claims at the appropriate time, both car insurance and medical is necessary.
Remember, you may be benefited by talking to your lawyer about whether to sue or accept the insurance claim. And if you do choose a lawsuit, make sure you are aware of the state laws and the due process of law.
Originally posted 2017-11-12 09:58:40.
