Yes, someone can sue you even if you have insurance in California.
Auto insurance may not offer sufficient compensation, which is why accident victims prefer filing a lawsuit to obtain an enhanced payout.
There’s also an increased possibility of getting sued if you fail to report the accident and if the other party sustained severe injuries. Whenever an accident victim files a lawsuit, it is not against the insurance company but the driver who caused the accident.
Fortunately, many auto insurance policies have liability coverage that caters to the cost of lawsuits, including legal fees, court settlements, and court fees.
If someone sues you for a car accident, consider speaking to a trusted car accident attorney for legal guidance and direction.
When Someone Can Sue You for a Car Accident if You Have Insurance in California
Negligence That Led to the Car Crash
A car accident victim has grounds to sue if the other driver was negligent, meaning they failed to exercise reasonable care, and their negligence caused the accident.
Some of the common reasons a victim can sue you for negligence include:
- Distracted driving
- Driving under the influence
- Violating traffic rules
- Aggressive driving
If someone has sued you for negligence, consider hiring an experienced car accident attorney to represent you. An attorney can demonstrate to the court that you did not breach the duty of care and the damages you suffered were not a result of negligence.
Reckless Driving Habit Caused the Accident
Reckless driving is a severe form of negligence where a driver willingly disregards the safety of other road users. The injured victim can sue for damages if your reckless actions directly led to the crash and related injuries.
Some of the reasons that drivers sue for reckless driving include:
- Road rage
- Street racing
- Excessive speeding
- Ignoring traffic lights and signals
- Driving at high speed in poor weather or road conditions
Even so, the injured person must prove that your actions were extremely negligent, which led to the accident and related injuries.
Wrongful Death
Someone can file a wrongful death lawsuit if a person’s death occurred due to recklessness, negligence, or intentional misconduct. The deceased person’s surviving family members, including spouse, children, or parents, have a legal right to file a wrongful death lawsuit.
People who file wrongful death lawsuits hope to obtain damages related to medical expenses, funeral costs, loss of financial support, and loss of companionship.
Underinsured Motorist
If you do not have adequate insurance to cover accident-related losses, the other party might consider filing a lawsuit. The injured party pursues a court order that compels you to pay for the injury-related loss out of pocket.
Get legal Defense From an Experienced Car Accident Attorney
Consider engaging an attorney from The Barnes Firm who can explain various laws related to auto accidents. Our team of attorneys is highly experienced and knowledgeable, which gives us an edge to represent you in a lawsuit.
Contact us online or at (800) 800-0000 for a free case evaluation.
Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
Richard Barnes – President of The Barnes Firm
Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
LinkedIn Profile:Richard Barnes
