Can Someone Sue You for a Car Accident if You Have Insurance?

Can Someone Sue You for a Car Accident if You Have Insurance

Insurance coverage typically offers you legal representation for your defense. However, in situations where the other party sustains severe injuries or if you fail to report the accident, specific scenarios can still hold you accountable. It is important to note that insurance does not guarantee complete immunity from being sued in the event of a car accident.

You are solely responsible for the cost of any accident, so it is important to have your own expenses covered and not just rely on the other party’s potentially limited coverage. Car insurance certainly helps protect you from being sued and assists in paying for certain expenses after a crash, as that is its intended purpose.

Nevertheless, you may still be held liable for compensation even with insurance protection if:.

  • You failed to notify your insurance provider about the accident.
  • Your insurance is insufficient to cover the injuries and damages of the other party.
  • Severe injuries are implicated.
  • There is a disagreement regarding responsibility.
  • The plaintiff and your insurance provider have differing opinions regarding the worth of their injuries.
  • Several of these situations rely on specific variables, and your insurance provider will probably attempt to evade legal action if feasible.

    Failing to Report an Accident

    It is always advisable to notify the authorities about the accident since it can be challenging to assess the extent of injuries at the location. In Pennsylvania, it is mandatory to inform the police of any accident that results in injuries or damage that renders a vehicle inoperable, as stated in 75 Pa. C.S.A. § 3746(a). Informing your insurance provider also safeguards you against future complications, hence the same principle applies to keeping them informed about an accident.

    The insurance company may also not provide you with a lawyer for the lawsuit. If you take too long to notify them, they may not be obligated to cover your accident expenses. Keeping them informed will help you, as it is part of your agreement with the insurance company. It is possible that they may not be obligated to cover your accident expenses, allowing an injured party to possibly cover them if you take too long to notify them.

    Insufficient Coverage and Serious Injuries

    Sue can also socialize with other party members, but it is important to ensure that your policy limits do not exceed the potential cost of serious injuries, as these two factors are closely related.

    It is important to consider how quickly serious injuries can exceed the limits of your policy and put things into perspective. In Pennsylvania, the minimum bodily injury limits are $30,000 per accident and per person, so it is crucial to keep this in mind. If the costs of an accident exceed what your insurance covers, you could be sued for the additional expenses. It is worth noting that expenses such as medication, physical therapy, and hospitalization averaging $30,000 for a three-day stay are not included in this coverage, as stated by Healthcare.Gov.

    Liability Disputes

    Many car accident cases are resolved outside of the courtroom, either prior to the initiation of a lawsuit or after one has already been filed. In situations where there are substantial disputes regarding the events, causes, liability, and injuries, the process of reaching a settlement can become intricate. Occasionally, this necessitates the resolution of the case through a legal proceeding presided over by a judge or jury.

    To obtain a complimentary legal advice, dial 412-661-1400.

    How Pennsylvania’s Fault Laws Play a Role

    If you are sued after a car accident, there is a chance that your insurance coverage will depend on the type of tort, which is a legal term that refers to when a responsible person brings a lawsuit against someone and it is wrongfully committed by the other party.

    Drivers in Pennsylvania have the option to select their preferred type of tort coverage.

  • Full tort.
  • Limited tort.
  • Policyholders maintain the privilege to file a lawsuit against the responsible individual for injuries such as physical and emotional distress under comprehensive tort coverage. The liable party’s insurance policy covers financial losses such as medical expenses and lost wages under limited tort coverage, and the privilege to seek compensation for pain and suffering is relinquished, unless there is a specific exemption. If a person sustains a severe injury and files a claim with their insurance policy, they will not be restricted by their choice of tort option.

    The definition of a serious injury can vary, but Pennsylvania generally classifies it as something that results in:.

  • High risk of mortality.
  • Severe or lasting disfigurement.
  • Prolonged loss of bodily limb or organ function.
  • Dysfunction or deterioration of body part or organ function.
  • What This Means for You

    If you are found at fault for an accident, it can be more challenging to pursue a lawsuit for a party injured under limited tort coverage. However, they must prove that they suffered serious injuries in order to sue you.

    Conversely, their capacity to file a lawsuit against you remains unaffected by the severity of the accident. However, you have the option to take legal action against them for costs, lost earnings, and emotional distress, provided they establish negligence and possess comprehensive tort coverage.

    We Can Answer Your Lawsuit Questions with a Free Consultation

    If you have any questions about car accidents or if you need assistance in understanding the various laws that apply to automobile collisions, our team at Green and Berger car accident lawyers can help you. Please call us today at 1400-661-412 (at) for a free case review to discuss how your ability to sue or be sued after a car accident can affect your insurance coverage.

    Contact 412-661-1400 via call or text, or fill out a Free Case Evaluation form.