Who Am I Supposed to Sue in a Car Accident Case?

When you’re involved in a car accident, determining who to sue for damages can feel overwhelming. Meanwhile, medical expenses pile up, lost wages strain your finances, and insurance claims can seem frustratingly complicated. Fortunately, identifying the liable party may help simplify the process. 

Those you might pursue obtaining a settlement from include:

• The at-fault driver (or their insurance company)
• Your own insurance company (in certain scenarios like uninsured drivers)
• Negligent third parties (including vehicle manufacturers or road maintenance agencies)

The team at Saks, Robinson & Rittenberg, Ltd. is here to help explain these different situations further.

Identifying the Liable Party

Suing the At-Fault Driver

Generally, the first party responsible for covering your damages is the driver who caused the accident. However, most personal injury claims don’t target the individual driver; they’re resolved through the driver’s insurance company.

How it works: If the at-fault driver carries insurance, their insurance provider pays for the damages outlined in your claim. This process can often end in a settlement without going to court. 

Tip: Avoid speaking directly to the at-fault driver’s insurance company. Their goal is to minimize payout amounts, often at your expense. Hiring a Chicago car accident attorney can protect your rights during settlement negotiations. 

Role of Insurance Companies

Insurance companies are significant components of car accident cases. While their involvement can streamline claim payouts, battling their adjusters often requires legal experience. If a reasonable settlement cannot be reached, your case could escalate into an official lawsuit. 

If you’re unsure how to approach settlement discussions, an attorney can act on your behalf to secure fair compensation.

What If the At-Fault Driver Does Not Have Insurance?

If the driver is uninsured, you may file a claim directly with your own insurer if your coverage includes Uninsured Motorist Coverage. This type of auto insurance is specifically designed to protect you when another driver fails to meet their legal obligations.

Similarly, if the damages exceed what the at-fault driver’s insurance policy covers, you may turn to Underinsured Motorist Coverage for additional compensation. Both policies, if part of your insurance coverage, can save you from personally taking financial losses when other drivers are underprepared.

Understanding Third-Party Liability

Sometimes, a car accident isn’t caused solely by a driver. Other entities may also share blame, in which case you can opt to sue these third parties. 

Examples of negligent third parties include: 

• Vehicle Manufacturers: If a mechanical failure caused the accident, the manufacturer may be liable.
• Repair Shops: Poor-quality repairs, such as improperly installed parts, may place liability on a mechanic.
• Road Maintenance Authorities: Poorly maintained roads or hazards, such as large potholes, may make government agencies responsible.

These types of claims can often be more complex, requiring in-depth investigations or specific understanding. A skilled attorney can uncover all liable parties to maximize your compensation.

The Role of a Car Accident Attorney

Legal representation or lack thereof often determines whether you receive fair compensation for your injuries. Car accident attorneys can be vital in helping you identify liable parties, gather evidence, and handle difficult negotiations with insurance companies or court litigation processes.

Take Control of Your Accident Case Today

Determining who to sue in a car accident case may be daunting, but it can be a critical first step toward recovery. Whether you’re dealing with uninsured drivers, uncooperative insurers, or complex third-party liability issues, the right legal guidance can prove invaluable. 

At Saks, Robinson & Rittenberg, Ltd., our experienced Chicago car accident attorneys have spent over four decades helping victims secure the justice and compensation they deserve. Contact our firm today for a free consultation. With our help, you can focus on healing while we fight relentlessly for your compensation.