What happens if someone sues you for a car accident when you have insurance?
Car accidents can be difficult and distressing enough, but when insurance and car accident lawyers are involved it can become more convoluted. Most individuals would assume that if they have insurance that they should be protected from any further liability. But this is not always the case.
If you are wondering if you can be sued for a car accident even with insurance, continue reading as we breakdown this down below.
Can I be sued for a car accident even with insurance?
The short answer is yes. You can be sued for a car accident in Alberta even with car insurance. If you were determined to be at fault for a car accident in Alberta, the other party or victim(s) can pursue you personally for personal injury claims.
It’s important to notify your insurance company as soon as possible if you have been served a Statement of Claim from the other party. But if you lack insurance, you can also reach out to a litigation lawyer for help. Keep in mind that in both scenarios of contacting your insurance or a lawyer strict deadlines exist.
What happens after I’ve been served a lawsuit after a car collision?
As previously mentioned as soon as you’ve been served, it’s important to notify your insurance immediately. Your insurance company has a duty to defend you against claims made against you. They have a few options which include, going forward and indemnifying (which means they pay on your behalf) any judgment or settlement that is within the policy limits, or retaining a lawyer for this matter. This is why notifying your insurance company is crucial to do at your earliest convenience.
But these options don’t mean that there isn’t any work that needs to be done on your part, you will be required to assist your insurance company throughout the process. This can entail providing any information, document or anything else that they may request.
Also bear in mind that after you have received your Statement of Claim, there is a time period of response you need to be aware of. Standarly, a response must be provided within 20 days of being served. This response is called a Statement of Defense. In a Statement of Defense, a defendant can deny any allegations of driver responsibility for the accident, counter that there should be shared liability for the accident, and dispute any alleged injuries that the plaintiff is claiming in their statement . This can shift the burden of proof onto the plaintiff to back each claim they had made.
What can someone sue me for after a car accident?
There are generally 7 categories in which claims for compensation can be made that goes beyond basic insurance coverage.
The can include:
- Pain and suffering
- Loss of income and ability to earn
- Medical treatment, rehabilitation and/or the cost of attendant care
- Housekeeping and home maintenance
- Family member claims
- Caregiver benefits
- Death benefits and funeral costs
Should I seek legal advice if I’m being sued because of a car accident?
If you have questions or want to seek advice, the best individuals to contact would be a car accident lawyer. Contacting a car accident lawyer can help give you more insight, depth and scope on these kinds of legal matters.
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With no fee until there is a successful resolution, Richard Edwards Injury Law is here to help you move forward by putting your injury in the past. Contact Richard Edwards Injury Law for your free consultation today!