While the answer to this question is almost always yes (technically, you can sue just about anyone for just about anything), the better question is probably SHOULD you sue if you are in a car accident.
The process of filing a car accident lawsuit can be a long one, so whether or not you should sue is one that should be considered. Here are some questions to ask yourself when considering whether to sue after a car accident or not:
- Were you injured, did you miss work, and was the damage to your vehicle substantial?
- Is the insurance company offering a settlement already? If so, is it adequate to cover the damages above?
- Were you at fault or partially at fault for the auto accident?
The first two questions pertain to the thought process you probably want to go through if you were injured in a car accident and not at fault. If there were substantial damages, injuries, and/or lost income, and the insurance company is not offering a settlement or offering something very low, you should probably consider filing a car accident lawsuit. If the settlement offer is enough to fairly compensate your damages, you will need to decide whether it’s worth the time, effort, and expenses (while most car accident attorneys don’t charge any money up front or out of pocket, they are compensated as a percentage of the settlement, usually 33%, which can be a lot of money). If you can avoid the time and hassle of filing a lawsuit, and still get fairly compensated for your car accident injuries, you may be better off settling.
If you’re found at fault, generally you won’t win a lawsuit in court. However there are many instances where partial fault is attributed to both parties, and those are often sorted out in a car accident lawsuit.
In any event, you should probably discuss your options with an experienced car accident lawyer in your state and decide the best course of action.