Yes, someone can sue you for a car accident even if you have insurance. While your auto insurance provides financial protection and legal defense in many situations, it does not make you immune from being sued.
Understanding how this process works is crucial so you know what to expect and how to protect yourself. If you have any questions about car accident lawsuits, be sure to get in touch with an experienced Kansas City car accident lawyer for help.
Understanding the Role of Auto Insurance
Auto insurance is designed to protect you financially in case of accidents. Depending on your policy, it can cover:
- Property damage to others
- Bodily injury to others
- Legal defense costs
- Your medical expenses
- Damage to your vehicle
However, this protection has limits. If damages exceed those limits or if certain circumstances apply, you could still face a lawsuit.
Liability Coverage Isn’t Unlimited
Most people carry liability insurance, which pays for the other party’s losses if you’re at fault. But every policy has limits. For example, if your policy covers up to $50,000 in bodily injury per person, and the other driver racks up $100,000 in medical bills, they can sue you personally for the remaining $50,000.
When Someone Might Sue You Despite Insurance
Even with insurance in place, there are several scenarios where a lawsuit might follow a car accident:
- Severe injuries or death: If the accident results in serious harm, the victim may seek damages beyond what insurance covers.
- Policy limits are too low: If your coverage isn’t sufficient to cover all damages, you may be sued for the difference.
- Insurance denies the claim: If your insurance company denies liability or refuses to settle, the injured party may pursue legal action.
- Bad faith by your insurer: If your insurer mishandles the claim, you could be named in a lawsuit as the at-fault driver.
- Disputes over fault: If there’s disagreement over who caused the accident, the other party may sue to resolve the issue in court.
Contact our Kansas city personal injury lawyers now.
Your Legal Risks After a Car Accident
If the court finds you liable and your insurance doesn’t fully cover the damages, you may have to pay out of pocket. The plaintiff can seek:
- Wage garnishment
- Liens on property
- Seizure of assets
This can have long-term consequences, especially if the judgment is substantial.
What Happens if You’re Sued?
If you’re served with a lawsuit, your insurance company typically provides legal defense. They’ll assign an attorney to represent you, and they may attempt to settle the case out of court.
However, if the suit seeks more than your policy limit, you may need to hire your own lawyer as well to protect your personal assets.
How to Protect Yourself From Lawsuits
The best way to avoid being sued or suffering financially from a car accident is through preparation and smart decision-making.
- Increase your liability limits: Don’t settle for the minimum required by your state.
- Consider umbrella insurance: This provides extra protection above your auto policy.
- Document everything: Take photos, get witness information, and file accurate police reports after any accident.
- Cooperate with your insurer: Provide all requested information promptly.
- Hire a personal attorney if necessary: This is especially important if damages exceed your coverage limits.
Additional Tips to Stay Protected
Here are some practical ways to limit your exposure:
- Drive defensively: Avoid distracted or aggressive driving.
- Maintain your vehicle: Make sure your brakes, lights, and tires are in good condition.
- Don’t admit fault at the scene: Let investigators and insurers determine responsibility.
- Understand your policy: Know what your insurance covers and what it doesn’t.
Can Someone Sue You for a Car Accident if You Weren’t at Fault?
Yes. Even if the accident wasn’t your fault, there’s still a possibility you could be sued. The other driver may believe you were partially to blame. Furthermore, in many states that follow comparative fault laws, they have the legal right to pursue compensation from you.
Disputes over fault are common, and just being involved in a crash can open the door to legal action. If you are sued, your auto insurance typically includes legal defense as part of your liability coverage. This means your insurance company will usually assign and pay for an attorney to represent you as long as the claim falls within the terms of your policy.
What if the Court Awards Damages That Exceed Your Policy’s Limits?
However, if the court awards damages that exceed your policy’s limits, you could be personally responsible for the remaining balance.
In that case, your personal assets—such as your savings, future earnings, or even your home—could be at risk. This is why it’s crucial to have sufficient coverage and to understand exactly what your policy protects against.
Insurance Helps, but it Is Not a Shield Against Lawsuits
So, can someone sue you for a car accident if you have insurance? Having car insurance is essential, but it doesn’t fully protect you from being sued after an accident. If the injuries are serious, your coverage limits are too low, or the other party disputes the facts, you could still face a lawsuit.
If you’re worried about legal exposure after a car accident or you’re currently facing a lawsuit, don’t wait. Get your free consultation with the experienced team at Foster Wallace. We’re here to help you protect your rights and your future.
