Many car crashes only cause property damage. However, a small number of collisions result in people getting hurt. Higher-speed collisions on interstates and crashes involving commercial vehicles are more likely than the average fender bender to put someone in the hospital and cause substantial financial harm.
Typically, those involved in collisions try to resolve the matter using insurance. In some cases, the best solution involves going to civil court. Thousands of lawsuits in Texas every year begin with a motor vehicle collision. Why do many people choose to sue another person or a business after their involvement in a wreck?
Insurance may not be adequate
When a crash involves two passenger vehicles, a lawsuit may be the only way to recover the total expenses generated. The insurance requirements in Texas are only a fraction of what it may take to replace a late-model vehicle or cover the cost of a devastating injury. Especially if someone dies, $30,000 in bodily injury liability coverage does almost nothing to offset the harm caused to their loved ones. Those with catastrophic injuries or even moderate injuries may need to go to court to cover their full medical expenses and their lost wages or the reduction in their earning potential.
Settlement offers might be too low
In cases where drivers carry more robust liability insurance, the other driver’s insurance company may refuse to offer a reasonable settlement. That risk is particularly high if the vehicle that caused the collision was a semi-truck. The federal insurance requirements mandating at least $750,000 of coverage leave insurance companies exposed after major collisions.
Oftentimes, insurance professionals use aggressive negotiation tactics to minimize company losses when there is a large policy involved. In cases where settlement offers are far below both the total cost of the crash and the coverage available, a lawsuit may be the best option. In some cases, pending litigation may inspire the insurance company to make better settlement offers. If the case does go to trial, the plaintiff may be able to recover the full extent of the losses generated.
In some cases, people sue because there is no insurance. Other times, a lawsuit is the best response because a third party, rather than another driver, has a degree of liability for the collision. Filing a lawsuit after a car crash can lead to more comprehensive reimbursement for collision losses. Those who understand the limits of insurance may see the value of taking a case to court or at least preparing to do so.