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Questions about Car Accident Law

Being in a car accident can be a painful and traumatizing experience. Not being able to pay for the injuries or damages caused due to the accident can just add to the trouble and make it even more difficult for the individual to cope with the situation. Most of the times people may be unaware of the various car accident laws that put forth the rights and obligations of individuals who may be involved in car accidents. Given below are common questions about car accidents and car accident laws answered by Experts.

What can an individual do if the at fault party’s insurance in a car accident runs out and he/she is unable to pay for the individual’s treatment?

If an at fault party’s insurance in a car accident runs out and he/she is unable to pay for the injured person’s treatment, the injured person may inform his/her own insurance company. The injured individual’s insurance company may pay for the excess amount in addition to the at fault driver’s company up to the individual’s policy limits. If his/her own insurance company cannot pay for the treatment, the individual may have to sue the at fault driver. In such a situation, the court may determine the amount of the individual’s damages.

Up to what amount can an individual get for pain and suffering in a car accident settlement?

In most situations, a person injured in a car accident may claim up to 3-5 times the cost of his/her medical treatment. If his/her health insurance company pays for the initial treatment, he/she may have to repay the company from whatever he/she may get from the lawsuit.

What can an individual do if the at-fault driver in a car accident does not have a license or an insurance?

In most states of USA, like Georgia, an individual may sue both the driver of the car as well as the owner of the car, if they are not the same, for a settlement in a car accident. Whether the driver or the owner has a license or insurance or not may not affect the lawsuit. If the cost of repairing his/her vehicle is less than $15,000, the individual may sue in a magistrate’s court. The individual may also contact his/her own insurance company to check if they may cover the cost of the repair if he/she is hit by an uninsured driver.

Can an individual collect insurance from both his/her as well as the at fault party’s insurance provider in a car accident?

According to car accident laws, an individual may not claim insurance from two different sources for the same injury. Hence, he/she may not be able to collect insurance from both his/her and the at fault party’s insurance provider. However, if one of the insurance providers is unable to pay him/her completely for the treatment, he/she may collect the remaining amount from the other insurance provider.

Can an individual sue a car manufacturing company if he/she gets injured due to the airbags in the car not opening in a car accident?

An individual may be able to sue a car manufacturing company if he/she gets injured due to the airbags not opening in a car accident only if the incident takes place within the warranty period of the car. If the accident takes place after the expiry of the car’s factory warranty, he/she may not be able to sue the car manufacturing company.

What is the statute of limitations to file a lawsuit for a car accident settlement?

The statute of limitations to file a lawsuit for a car accident settlement in most of United States is two years.

Paying for the damages and injuries caused by car accidents may be difficult for most people. What is the penalty for car accidents, who is responsible for paying for an injured person’s medical treatment in a car accident, how you can claim insurance in a car accident are some of the questions that you may be faced with if you have been in a car accident or know someone who was injured in one. If you are not aware of what steps you can take legally to claim for treatment, you may end up spending for something that you could have claimed from the insurance provider of the at fault party. If you are not sure of your rights and obligations in the wake of an accident, it’s best to ask an Expert for information on car accident laws.
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