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Some motorists do not know whether to sue the responsible driver or the same driver’s insurance company. They are left confused and traumatized with no clue how to claim damages that they are entitled to. That is why they need to quickly consult with a personal injury lawyer to ensure that no evidence is lost that can make their claim successful.
What actions should be taken if both of the involved drivers were partly at-fault?
Both of the drivers would need to find and speak with an attorney. Lawyers are familiar with the principles that apply to such a situation. They understand the intricacies of laws that can help the accident victim get the justice that they deserve.
Some states follow the principle of comparative negligence. According to that principle, the size of any victim’s award could be reduced in proportion to his or her contribution to the factors that caused the accident.
Other states adhere to the principle of contributory negligence. According to that principle, no one that has contributed, in any fashion, to the causes for an accident, or for an accident-linked injury, should receive any form of compensation.
Another reason that at least one driver would need to consult with some lawyers
A lawyer’s ability to answer the question in the title would depend on an examination of the terms in each driver’s insurance policy. Both of those policies would have set a limit on the amount of money that could be awarded to any plaintiff. That limit would indicate whether of not it would pay to make a claim on the other driver’s insurance policy.
Suppose that attempts at reaching a settlement were to prove unsuccessful?
In that case, the driver that had become the victim of another driver’s negligence would have reason to sue the responsible party/driver. Such an action could lead to one of 3 possible outcomes.
If the sued party had purchased liability insurance, then the insurance company would be obligated to supply him or her with a defense lawyer. That same Personal Injury Lawyer in Sudbury would try to provide the policyholder/defendant with a logical and strong defense. If the sued party had not purchased liability insurance, then the result would depend on the financial position of that same responsible party/driver.
—Did that same driver have any assets? If so, then the motorist that had become a victim would have the right to go after a valid portion of those same assets.
—Did the motorist that had become a victim carry an insurance policy with an uninsured motorist option? If so, then he or she could use that option, in order to seek fair compensation for any damages.