Can You Sue Someone for a Minor Car Accident?
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You have the legal right to file an insurance claim for compensation if you were hurt in an automobile accident. You may file a car accident insurance claim seeking damages with either your own insurance company or the at-fault driver’s insurance company, depending on the laws in your state.
You are probably questioning, can you sue someone for a minor car accident in Colorado Springs? You should schedule a free legal consultation with a Colorado Springs minor car accident lawyer today.
In some instances, the costs associated with an accident will surpass the limits of an insurance policy. Even if you were partially at fault for a minor automobile accident, you might still be able to recover money or file a lawsuit, provided you meet the following conditions:
- The other driver owed you safe driving, and they did not drive safely.
- Their careless driving leads to your accident
- Injuries and financial losses occurred.
You may file a lawsuit against anybody at any moment, such as an accident, regardless of the merits of your case, but this does not guarantee a positive outcome. If you provide the evidence, you may have a claim for financial compensation for your accident-related losses.
It may be helpful to file a police report. According to the National Highway Traffic Safety Administration, thirty percent of minor accidents are never recorded. Even if you do not think the minor accident warrants reporting because of its low severity, you should make a police report since it may be used as evidence if necessary.
At Warrior, can you sue someone for a minor car accident? will only work with an experienced car accident lawyer. Don’t trust the personal injury lawyers you see on TV. Car accident victims deserve legal representation from the best personal injury lawyers in Colorado Springs.
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When You Can Sue A Driver For a Minor Accident: Small Claims Court
While it is the law in Colorado to report every collision involving property damage over $1,000, many motorists are unaware that specific incidents do not qualify. Colorado Springs accidents in Pennsylvania must be reported within five days if they result in property damage without causing injuries, as in the following:
Damage to the driver’s vehicle that prevents them from leaving the accident scene
While not all incidents need official paperwork, doing so is usually to your best advantage. If the police provide you with a report, retain a copy for your records. If you notify the authorities, you can pursue legal action, such as a pain and suffering claim with your auto insurer or a car accident lawsuit against the at-fault motorist.
You may sue the other motorist in small claims court in Pennsylvania if your losses total less than $12,000. On the other hand, you will need to demonstrate that:
The negligent motorist was obligated to keep the roadways free from danger.
The responsible party did not drive safely.
Their negligence caused the accident.
The accident caused you bodily injury (physical, financial, or both),
Minor car accidents cause all damages.
Having a detailed police record is sometimes necessary to substantiate some of the elements above. Self-representation is an option for some Pennsylvanians who file a claim in small claims court, including minor injuries and car accident claims.
However, that venue may not be ideal based on the nature of the claim, any injuries sustained, or the number of damages sought. Consult a personal injury attorney experienced in Colorado Springs car accident before taking action. Get a free phone consultation with one of our lawyers now by calling.
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Reasons to Sue After a Minor Auto Accident
It is possible that we might not immediately consider that someone for a minor fender-bender severe enough to warrant hiring an attorney and filing a personal injury claim against the other motorist even if you have suffered minor bodily injuries. At the same time, in a Colorado springs auto accident, you may be startled to hear that you have grounds to file a personal injury lawsuit.
It is possible that after a minor collision, all your automobile sustained was cosmetic damage. Although it would have been easy for your insurer to cover those first expenses, it might be days or weeks before you know you have been hurt.
That is why you must go to a doctor right away. The importance of fully comprehending your medical bill cannot be overstated. You might have health problems or want financial compensation for your emotional anguish.
Insurance Fails to Provide
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You may have expected your insurance claim and any claims you made against the at-fault people to pay for your expenses so you could put this ordeal behind you.
This covers costs associated with medical treatment, repairs to damaged property, and anything else that has a monetary value due to the mishap. You may require legal counsel if your claims do not result in a fair settlement.
Just threatening legal action usually prompts the insurance adjuster to offer more reasonably.
Injury victims who only sustained superficial wounds, such as cuts and bruises, are likely to have started treatment shortly after the incident. Nonetheless, you should still go to the hospital to be checked out, even if you do not think you are seriously hurt.
You should maintain a record of all medical bills as you may be able to get money back for the following:
Medical help, such as medications, therapy, etc.
Pain and suffering damages
Your injury lawyer will be your best resource as you endure the challenges of establishing damages for your pain and suffering. If you have suffered injuries, harm to the body, the organs, or the mind should never be disregarded. A competent attorney can assist you in obtaining the compensation you are entitled to, which might vary depending on the specifics of your car accident case.
Insurance companies or providers do all they can to avoid paying large personal injury settlements to those injured in a car crash. The claims procedure to recover compensation is difficult and confusing. Both monetary and intangible losses are covered here.
Our law office’s injury attorneys are here to provide a free consultation.
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When The Other Driver Is Not Completely At Fault
Remember that even if it seems like the other driver is entirely to blame the at-fault driver for the crash, that is not always the case. If your accident was caused by hazardous road conditions that the government agency was responsible for maintaining, you might be entitled to compensation from that agency.
In addition, a manufacturing defect in the other driver-caused car might have caused a mechanical problem. If that happens, you could file a claim for damages with the maker.
Reasons To Sue Another Driver
Your Colorado Springs car accident may not have been as small as you believe. The Society for the Advancement of Automotive Medicine reports that fatalities may occur in even low-impact incidents. There are a few common scenarios in which one motorist could sue another.
Bills in a Minor Colorado Springs Car Accident Add Up
If the collision only caused minor damage to your car, you may have already paid for the repairs and may not even be physically hurt. Even if you do not believe you are seriously injured, you should visit a doctor after any accident. Injuries often may not show up for days or weeks after the fact.
A simple mishap may now be more expensive than you expected. This is why receiving a full medical evaluation and checkup as soon as possible after such an accident or injury is crucial. Legal action may be your best option considering the cost of medical care, repairs to your property, and the emotional toll this has had on you.
If you have previously tried to settle with the irresponsible party or their insurance company, but they have not offered you enough to cover your costs, you may want to talk to a lawyer.
If the settlement offer from the insurance company or the negligent party is lower than what you were expecting, you may choose to file a lawsuit. According to statistics from the Journal of the American Judges Association, most car accidents and other civil issues are settled out of court.
Can You Sue for Whiplash?
Indeed, if we are talking about the law, instead of suing the individual who caused your car accident in a “no-fault” jurisdiction, you would make a claim on your injury protection (PIP) coverage.
No longer is this the situation in Colorado, where the liability insurance coverage of the negligent motorist may be used as much evidence to compensate a third party.
The state of Colorado mandates that its motorists have bodily injury liability insurance with limits of $25,000 per person and $50,000 per accident.
Nonetheless, prudence is advised. Whiplash, whiplash! has been used in bogus personal injury claims for years.
To win a lawsuit for whiplash injuries, you need more than just your word: you have been in constant agony with your neck since the accident.
Settlement for a Whiplash Injury
As private settlements are quicker and more straightforward than judicial victories, they are preferable whenever possible. This is especially true if a substantial settlement offer is made.
There are no official whiplash settlement standards under Colorado personal injury law; nevertheless, you may utilize the standard damages components to assess your claim’s worth.
This is a basic outline:
Medical expenses: The at-fault party is responsible for your past and future medical bills. Future medical costs might be difficult to predict if your injuries have resulted in a permanent impairment. Thankfully, most occurrences of whiplash heal within a few months.
Lost wages: The at-fault party owes you money for any earnings lost due to time off work for your injuries, including the value of spent sick leave time. The value of your claim may skyrocket if whiplash causes a permanent handicap in your line of work, which is very unlikely but possible.
Additional tangible expenses: You may be able to collect extra costs incurred due to your whiplash injuries, such as child care and loss of domestic services.
Pain and suffering: This is likely to be the source of the majority of disagreement over the merits of your argument. As the severity of a whiplash injury is impossible to gauge using conventional diagnostic methods, no one but you can understand the anguish, pain, and suffering you are under. The insurance company will not believe you just because you say so.
Punitive damages: Punitive damages are rarely awarded in rare car accident cases, and even then, only where the defendant’s behavior was egregious or startling. Punitive damages might be awarded in the event of a DUI accident.
The caveat is that you should use caution. The drunk driver or insurance company will likely attempt to place some of the responsibility for the collision on your shoulders. Hence, if your degree of culpability minor car accident is 20%, you will only recover 80% of what you would have otherwise.
But, if you are found to be 50% or more at fault, you will not be entitled to compensation. Possible consequences include compensating the other party for some of their losses.
Personal Injury Lawsuit
A personal injury lawsuit might be helpful if you sustained significant injuries in your minor accident. Compensation may be obtained in this situation for costs like:
Lost earning potential
Ongoing therapy or rehabilitation costs
Pain and suffering
You may be able to recover compensation sufficient to cover most, if not all, of your accident-related expenses if it was not your fault.
The victim may be entitled to submit a claim against the appropriate government agency, for example, if a flaw in the design of the roadway caused the accident.
Contact Warrior Car Accident Lawyers Today | Talk with a Passionate Lawyer
The lawyers at Warrior Car Accident Lawyers are committed to ensuring that anyone injured due to someone else’s carelessness can pursue compensation to which they are legally entitled. A staff member is here to help you decide whether the legal process for filing a lawsuit over a minor vehicle accident is worthwhile.
We operate on a contingency basis, meaning you have no financial risk when hiring us. We will not ask you for money until we recover damages from your injuries.
You may seek compensation without an attorney, but having one on your side after a vehicle accident might let you concentrate on getting well. We will help you collect evidence, negotiate with the negligent person or their insurance company, and take your case to court if necessary.
If you have been in a minor automobile accident and are wondering whether you have a case, call the Warrior Car Accident Attorneys at 719-300-1200 for a free, no-obligation case examination.
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