Every mile traveled in a motor vehicle comes with a degree of risk. People never know when they might end up involved in a collision. Even those who are fastidious about following the law and prioritizing safety can end up injured by others in traffic.
Typically, the driver at fault for the crash provides insurance coverage to the people affected by the collision. Liability coverage can help people pay to repair their vehicles, receive treatment at the hospital and recover their lost wages. In a small but noteworthy percentage of car crash cases, injured people eventually have to pursue personal injury litigation. In order to recover compensation, they may have to file a lawsuit against the driver at fault for the crash or a third party.
When is litigation potentially necessary?
Underinsured drivers
Many motorists only carry insurance because the law requires it of them. They carry the minimum amount required by state statutes. Currently, liability coverage rules mandate $25,000 worth of property damage coverage. If a vehicle is no longer safe to drive, $25,000 is likely not enough to replace the vehicle.
In scenarios involving injury, bodily injury liability coverage is available. The state requires that drivers carry a minimum of $50,000 worth of bodily injury coverage that doubles in cases where a crash injures more than one person.
When looking at the cost of surgeries and inpatient trauma care, $50,000 worth of coverage may not be enough. Those with catastrophic injuries and large medical expenses often need to go to court to recover those losses. Lost wages can make litigation necessary as well.
Uninsured drivers
While the law might require insurance, it also requires that people use their turn signals and abide by the speed limit. Plenty of people have no qualms about violating the law and may not consider the impact their choices could have on other people. When uninsured drivers cause crashes, there may not be any insurance at all to compensate the people affected by the incident.
Evaluating car crash records and medical invoices with a skilled legal team can help people determine if a lawsuit might be necessary after a major car wreck. Those in need of more compensation than insurance can provide can potentially secure it through the civil courts.