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Explore General Legal Issues

4 Myths Associated With Car Accident Lawsuits

by Ralph Griffin

Car accidents are increasingly common events on American highways, and many do result in horrific and expensive injuries. If you end up involved in a car crash and have to file a lawsuit, it will be important to get the myths out of the way first. 

Myth: You can't sue your own car insurance company.

While the majority of car accidents involve another driver's insurance company, some do involve a lawsuit filed by the customer of an insurance company. Several situations can bring up a legal claim against your personal insurance company after a car accident, such as: 

  • The insurance company is refusing to pay your medical bills 
  • The insurance company is offering a settlement for your injuries much lower than what it should be 
  • The insurance company is refusing payment even though you carried underinsured motorist insurance  

Any time you are injured in a car accident, reach out to a car accident lawyer for advice, even if the only company you are dealing with for your claim is your own auto insurance carrier. 

Myth: You can't file a lawsuit against someone with no car insurance. 

If you are involved in a car accident with another driver who has no insurance coverage, you may have a harder time getting what you are owed. However, you can still file a lawsuit against the other driver personally. Keep in mind as well that you may need to file a claim with your own insurance company if you did have underinsured motorist coverage. As already stated, if your insurance company is not extending a settlement offer, you may actually have a right to sue them. 

Myth: Car accident lawyers take most of your settlement if you win. 

If you have a successful lawsuit after a car accident, the lawyer does take a portion of your settlement to cover their services. These fees are usually referred to as contingency fees, but lawyers are only allowed to take a certain portion of your settlement depending on the parameters established by the state where you reside. The maximum percentage of your settlement a personal injury lawyer can take is 33.3 percent.

Myth: You have to pay for expensive medical experts to file a car accident lawsuit. 

Your lawyer may recommend that you see certain medical professionals to get a thorough assessment of your injuries after a car accident. However, you will usually not be required to pay the costs of these visits out of your own pocket. If a car accident lawyer is confident in your case, they may actually cover those initial costs.

For more information about facts and myths, contact local car accident lawyers.