There are many times when people can file personal injury claims against other people after car accidents take place, but to do this, certain conditions must apply. If you are thinking of doing this, due to a recent car accident you were involved with, it is important to know that there are three main things that will prevent you from having the right to file a personal injury case after an accident.
You were the at-fault driver
The first thing that will prevent you from doing this is if you are considered the at-fault driver. If you clearly caused the accident to occur, you would not be able to file a lawsuit or claim against the other driver. Instead, you would only be able to collect insurance proceeds from your own car insurance policy, and this may only cover the necessary bills you must pay for your injuries or car repairs. Additionally, if you caused the accident due to a driving crime, such as drinking or texting while driving, you could face criminal charges for this action.
You did not get injured
Secondly, you cannot file a claim against another person if you did not get injured. While you could file a claim to receive compensation for your car repairs, you cannot actually file a personal injury claim if there are no injuries from the accident.
You waited too long
Finally, there is one other crucial thing you must know about filing a claim after a car accident occurs, which involves a law called the statute of limitations. Even if you have proof that the other driver clearly caused the accident, you would lose your right to file a claim if you waited too long. You cannot file a claim past the statute of limitation time period, which varies in length depending on the state you live in. If your state has a one-year time frame, you have one year from the date of the incident to file the claim. If you wait any longer than this, you lose your right to file a claim.
If you believe that you have the legal right to file a claim against someone else for a car accident, you should contact a personal injury lawyer to find out. The lawyer you meet with will be able to review your case and give you legal advice about your rights and how you should proceed. For more information, contact law firms like Hoffman, Larin & Agnetti.Share
16 January 2019
After I was in a car accident, I wasn't sure what I was going to do in the future. I had some really significant back and neck pain, so I started talking with a lawyer about how to recover some of my losses. I began working with an attorney to take care of things, but I was nervous about how the process would unfold. I began working with the attorney to evaluate every component of the incident, and help me to decode the problems I was faced with. We worked on learning more about the lawsuit, and it helped me to make sense of the situation. Learn more about accidents on this blog.