When Can You Be Sued Personally?
Instances in which you could face civil action include:
- Fault and Negligence: If you are found to be at fault for the accident due to negligence, you could be personally sued. Negligence involves actions including speeding, running a red light, distracted driving, or driving under the influence. If your actions directly caused the accident, the other party may seek compensation for damages.
- Insurance Coverage Limits: Most car accident claims are settled through insurance. However, if the damages exceed your insurance policy limits, the injured party may pursue a personal lawsuit to recover the remaining costs. For example, if you have $50,000 in liability coverage but the damages amount to $100,000, you could be sued for the additional $50,000.
- Intentional Acts: If the accident was caused by an intentional act, such as road rage or aggressive driving, you are more likely to be personally sued. Insurance companies typically do not cover intentional acts, leaving you personally liable for any resulting damages.
- Uninsured or Underinsured Motorist: If you do not have adequate insurance coverage or no insurance at all, you could face a personal lawsuit. This is why it’s essential to maintain at least the minimum required insurance coverage and consider additional coverage for better protection.
Potential Consequences of Being Sued
If you are sued and found liable, you may face several financial consequences, including:
- Monetary Damages: You may be required to pay for the other party’s medical expenses, property damage, lost wages, and pain and suffering. This can amount to a significant financial burden, especially if the damages are extensive.
- Legal Fees: Defending yourself in a lawsuit can be costly. Legal fees can quickly add up, further exacerbating your financial strain.
- Asset Seizure: If you cannot pay the awarded damages, the court may order the seizure of your assets, such as your home, car, or savings, to satisfy the judgment.
- Wage Garnishment: In some cases, the court may order a portion of your wages to be garnished until the debt is paid off.
Why You Should Contact an Attorney
Navigating the legal complexities following a car accident can be overwhelming. Whether or not you are facing a personal lawsuit, consulting with an experienced attorney is crucial. Here’s why:
- Legal advice
- Negotiation
- Help with a settlement
- Creating a legal strategy
- Peace of mind
Being involved in a car accident can lead to significant legal and financial consequences, especially if you are sued personally. Understanding the circumstances that can lead to a lawsuit and taking proactive steps to protect yourself is essential.
If you’ve been involved in a car accident, you need legal support. For more information or to schedule a consultation, contact the Geller Injury Law Firm.
