When you are the victim in a car accident, it is common to wonder whether you should sue the negligent driver who caused the accident or the driver’s insurance company.
First, you need to determine liability. You will need evidence like photographs, witness statements, and a police report to help show that you were not at fault for the accident that occurred.
Next, you should try to settle your claims outside of court. Although everyone is entitled to his or her day in court, waiting for judges and juries takes a great deal of time and can be an emotionally taxing process to endure. Many times, an experienced personal injury attorney can negotiate effectively with a driver’s insurance company to avoid the time and expense of going through a trial.
In many states, you cannot sue an insurance company directly, but if you sue a driver, his or her insurance company ends up paying your compensation. In the unfortunate event that the driver does not have car insurance, you can sue the driver directly, but you probably will not receive payment from him or her because that driver likely could not afford insurance in the first place. Alternatively, your own insurance company can compensate you for your losses.
Every accident is different, so it is important to understand what all of your options are. If you are hurt because of someone else’s negligence, talk to a trusted personal injury attorney.