Who gets sued in a car accident?
Who gets sued in a car accident whether you live in Bullhead City, Arizona, Kingman, Arizona or Lake Havasu City Arizona? Ideally nobody. Suppose a driver fails to yield to you on Highway 95 and is cited for the moving violation which caused the collision. Technically you can file a lawsuit against the driver of the vehicle for both the property damage and any bodily injury caused by the negligent driver. The first remedy is the at fault parties auto insurance policy. Our office opens claims for our clients to negotiate bodily injury settlements which typically exceed the amount of medical bills as the victim/client is entitled to recover all of the damages permitted or outlined in the Arizona Jury Instructions as outlined by Mohave Law PLLC in a recent blog. In most cases the insurance policy or policies in play will gross an adequate remedy. What happens if the insurance policy is not enough to compensate the client?
You can sue the defendant under a theory of negligence. The Plaintiff must show the Defendant had a duty to the Plaintiff which was breached by causing the accident. In the example above the Defendant had a duty to follow the laws of the road and avoid collisions. The client must then show the moving violation was both the actual and proximate cause of the damage to the client. The damages include property damage as well as bodily injury. Here, it is often unfruitful to sue the at fault party if they do not have any assets and especially in light of the possibility of them filing for bankruptcy. The better secondary remedy is frequently the client’s own insurance policy if they have under-insured motorist coverage in place.
Our office can walk you through this daunting process of trying to find the best tactical way to proceed with your case. We will determine where coverage lies and how to find the right money pocket or combination of remedies.