Auto Accident Lawsuit FAQs

Essential Information About Car Accident Lawsuits

Every year, many people are involved in car accidents. Navigating a lawsuit after these incidents can often be complex and overwhelming. This section aims to turn that confusion into clarity by answering some of your major questions.

Understanding the legal process and your rights can positively influence your claim’s outcome. So, let’s dive into your frequently asked questions about auto accident lawsuits.

Is there a benefit to hiring a lawyer to handle my car accident lawsuit?

First, hiring an experienced accident attorney gives you access to legal funding such as Uplift’s car accident loans. This is mostly because your attorney will control the proceeds from your car accident settlement in a trust.

An attorney offers skill and experience that add value to your claim. They increase the value by presenting all medical and legal evidence to the opposing insurance company, defense attorney, or jury. Also, lawyers help file all necessary paperwork within strict deadlines, negotiate, and appear in court if your case goes to trial.

How much time do I have to file a car accident lawsuit?

Start the process right after the accident occurs. This helps insurance companies prepare to negotiate your claim. Regardless, the typical time limit is to file a lawsuit within two years of the date of the accident. If you do not file within this time (known as the statute of limitations), you lose your right to recover damages for a personal injury claim. Be sure to check your state’s laws, as this time frame may vary. Note that if you are filing against a government entity, you may have to file within six months of the injury.

How do you determine who was at fault for the car accident?

To have a valid car accident lawsuit, you need proof of negligence. All drivers have a responsibility to engage in safe driving practices. Note that the accident must have been foreseeable by the at-fault party. You can prove negligence by obtaining witness statements, taking photos or video at the scene, and securing a police report.

How To Get a California Highway Patrol Accident Report

A driver, passenger, or family member of someone involved in the accident can request a California Highway Patrol (CHP) report. All you need to obtain a report is the following:

• Provide the date, time, and location of the accident
• List the names of those involved
• State your interest as a driver, passenger, owner, parent, or heir
• Provide your address
• Sign the request for the report
• Pay the applicable fees
• Attach a copy of your California driver’s license or identification card

You can request a report by visiting any CHP office or by mailing your documents.

What do I do if the at-fault party does not have auto insurance?

Unfortunately, if the at-fault party does not have an abundance of personal assets, you may not be able to recover any damages. In this instance, underinsured/uninsured motorist coverage is crucial to have. This coverage allows you to seek compensation for damages caused by an uninsured motorist. Many policies also offer protection for passengers and relatives who reside with you. It is best to carry at least $100,000 of this coverage.

What am I able to recover for personal damages from a car accident?

The various types of car accident lawsuit damages include:

• Pain and Suffering: Often the most valuable component of your claim, this covers compensation for past, present, and future physical pain and mental anguish experienced as a result of your auto accident. The amount of this component varies from case to case depending on the severity of your injury and suffering.
• Medical Expenses: You are entitled to compensation for past, present, and future medical expenses for injuries sustained in your car accident.
• Lost Wages: Lost wages are covered, including your future earning capacity. Keep in mind that your employer will need to confirm your inability to work. You will also need to prove how much money you lost or will lose as a result of your injury.
• Disfigurement: Any scarring or other marks resulting from your injury may entitle you to compensation.
• Damage to the Marital Relationship: Serious injuries may result in damage to your marital relationship, such as loss of affection, loss or impairment of sexual relations, etc.
• Punitive Damages: An accident due to criminal negligence may entitle you to punitive damages.
• Death: Wrongful death damages are available to the spouse and family members of the deceased. These include compensation for economic loss, pain and suffering, etc.

Will my case go to trial?

Most car accident cases settle with the insurance company before going to court. In some cases, claims are even settled before a lawsuit is filed. Keep in mind, however, that every case is different.

A trial may be necessary whenever accident liability or damages are contested. With clear liability and conservative treatment, it is likely your case will not see the courtroom.

If your car accident claim does go to trial, here’s what to expect.

Auto Accident Bodily Injury Liability Coverage

This injury coverage protects you if you are involved in an accident and cause physical injury to others.

Auto Accident Property Damage Liability Coverage

This auto accident coverage protects you in the event you are involved in an accident and cause damage to someone else’s property.

Car Accident Uninsured Motorist Property Damage Coverage

This coverage provides you with funds to repair your vehicle if you are in an accident with an uninsured driver. If the other driver hits you and is uninsured, your own policy covers your vehicle’s repair.

Car Accident Uninsured Motorist Bodily Injury Coverage

This accident coverage protects you and your passengers in the event you are injured after being hit by an uninsured motorist.

Medical Payments Coverage

This insurance covers medical expenses from an accident for you or your passengers, no matter who is at fault. If you are at fault, you can use this coverage to pay for medical costs for yourself or any passengers in your vehicle, up to your policy limit. Medical costs include treatments such as acupuncture, massage, or chiropractic manipulations if such options are not available through your health insurance.

Comprehensive Coverage

This coverage pays for damage to your vehicle due to something other than a collision. Examples include vandalism, theft, and damage due to animals, fire, or flood. You choose the deductible based on what you feel comfortable paying out of pocket.

Collision Coverage

This coverage pays for damages to your vehicle, regardless of fault, when you hit another car or object. It pays to fix your vehicle, less the deductible you choose. The deductible you select should be an amount you feel comfortable paying out of pocket. Remember, if you have a car loan, your lender will require that you have this coverage.

Why does the insurance company repair some cars but pay the replacement value for other cars?

This comes down to cost efficiency. If the vehicle is a total loss and economically impractical to repair (the cost of repair equals or exceeds its actual value on the date of the accident), your insurance company will choose to replace your car or pay you for its actual cash value.

Will my insurance company cover towing and storage bills?

In most cases, the at-fault driver’s insurance company will pay for towing and storage costs for your car. However, it is your job to mitigate these damages. Failing to do so could subject you to storage fees.

If my car is being repaired, who pays for a rental car?

The at-fault driver’s insurance must provide a rental car. In some cases, you must pay the rental car bill first, and the insurance company will reimburse you later. If your own coverage provides a rental car, you may get one faster. In this instance, your insurance company would then seek reimbursement from the other party’s insurance company.

I am still making payments to the bank on my car, but it was declared a total loss. Who will get the money from the insurance company, me or the bank?

In this instance, the insurance company will pay off the car loan first, and then the remainder goes to the registered owner.

Sometimes, an auto loan balance is more than the current value of a car. The vehicle owner can end up still owing on a loan for a car they can no longer drive! If you are at risk, consider “gap insurance” to cover this difference.

What’s tailgating?

Tailgating accidents occur when a vehicle follows another too closely. Tailgating increases the risk of rear-ending the car in front of you if it stops suddenly. Always keep a safe distance between you and the vehicle in front of you. Typically, a police officer will cite a driver for “following too closely” or “at an unsafe distance.”

What common injuries come from car accidents?

Thankfully, cars have many safety measures that often limit injuries to soft tissue damage. Here’s a list of injuries common in auto accidents:

• Soft tissue
• Spine and back
• Bone fractures & muscle tears
• Traumatic brain injury (TBI)
• Lacerations
• Scarring and disfigurement
• Burn injuries
• Knee injuries
• Amputation injuries
• Catastrophic injuries

What are the most frequent types of auto accidents?

Here’s a list of the most common types of car accidents. Click on your type of accident to learn more.

• Head-on collisions
• Rear-end collisions
• Parking lot accidents
• Intersection accidents
• Speeding accidents
• Drunk driving accidents
• Drowsy driving car accidents
• Hit-and-run accidents
• Dangerous highway conditions accidents
• Brake failure accidents
• Defective tire accidents

What car accident cases does Uplift Legal Funding provide funding for?

About 60% to 70% of the cases Uplift funds involve car accidents. Here’s a list of the types of car accident cases Uplift funds:

• Pedestrian accidents
• Semi-truck / tractor-trailer accidents
• Bike accidents
• Motorcycle accidents
• Bus accidents
• Uber, Lyft, and Taxi accidents
• RV accidents
• Commercial vehicle accidents

Uplift Legal Funding

Uplift Legal Funding provides low-cost pre-settlement funding on most personal injury claims. If you’re unfamiliar with legal funding, you can learn more about how it works in our guide to legal funding. You can also apply online or call us directly at (800) 385-3660 for a free consultation.