When most people think of car accidents and lawsuits, they think of lawsuits where the injured sue the other drivers. However, there are cases where the car insurance provider may sue you or the other driver's insurance provider for the accident. These cases are much more unpleasant from the standpoint that you should not be doubly punished for a car accident that may not have been your fault. Here is what you can do in these situations and how your car accident attorney can help.
Ascertain WHY Your Insurance Provider Is Suing You
When you file a claim on your auto insurance, your provider is required to assess the damages to your vehicle and examine the police report to see who is at fault. (There are some "no-fault" states whereby everyone pays in an accident regardless, but if you do not live in a "no-fault" state, you may be sued by one or more parties.) If you carried less than half of the blame for the occurrence of the accident, then your insurance company should be suing either the other driver or the other driver's insurance to recoup the financial losses it incurred when you placed an accident claim on file.
If your provider does not or cannot get satisfactory compensation from the other driver or other driver's insurance provider, then your provider may make the unusual move to sue you. This action is expected to motivate you to go after the other driver to retrieve the funds for which your provider is suing you. When your provider is not forthcoming on the reason or reasons why they are suing you for the accident, then your lawyer can petition the courts to force your provider into providing a statement on these matters.
Choosing Which Party to Sue
When your car accident attorney is presented with the paperwork you have, he or she can advise you as to how to proceed. You may need to file a countersuit against your insurance provider so that you are not forced to pay for your own accident claim. You may also need to file a lawsuit against the other driver, in case the countersuit against your insurance provider fails and you are left with the financial responsibility and burden for your car, your medical bills and your insurance provider's legal fees. If the other driver had car insurance at the time of the accident, you may have to pursue a separate but related lawsuit with that provider as well. Your lawyer can help you prioritize which legal actions you should commence first.Share