We understand: filing a lawsuit can be incredibly stressful and time-consuming, especially if you were injured or suffered major losses from a car accident. Though it’s generally a good idea to work with an attorney to make sure your settlement fully covers your medical bills, vehicle repairs, and other damages, it may not be worth your while to file a lawsuit in particular cases. Here are some scenarios where you may be better off WITHOUT hiring a car accident lawyer.
There were little to no injuries at the scene.
If you were in an accident and did not get injured, then your insurance company would likely offer you a settlement that covers vehicle repairs without much fuss. Since they don’t involve medical bills and other injury-related damages, these small claims tend to be very straightforward to resolve. There usually isn’t much to gain by taking a non-injury car accident claim to court, especially since you wouldn’t be compensated for anything other than vehicle damage.
Be careful, though: if you were in an accident involving major vehicle damage, your insurance company may still try to lowball your settlement and offer you less than your damages are worth, even without an injury. If that happens, you may still want to file a car accident lawsuit and have an attorney fight for a fair settlement on your behalf.
The accident was mostly your fault.
If you were involved in an accident that was partially your fault, you can expect to either receive a reduced settlement or not receive a settlement at all, depending on which state you live in. In some states, it may still be worth filing a lawsuit if you were partially liable, but it’s generally not worth going to court if you were over 50% responsible for the accident.
The majority of states use a system called modified comparative negligence to determine which driver is at fault in a car accident. In these states, you could collect a reduced settlement if you were under 50% at fault (or 51%, depending on the state) for the accident, but you would be blocked from receiving any settlement money if you were over 50-51% at fault.
A handful of other states, like California, New York, and Florida, use the pure comparative negligence model instead. These states award damages based on the percent of which you’re at fault, even if you carry up to 99% of the blame. In these states, you could still file a lawsuit even if you were mostly at fault, but the damages you could earn would be massively reduced.
You live in a contributory negligence state.
If you live in Alabama, North Carolina, Virginia, Maryland, or Washington, D.C., you would be blocked from receiving a settlement even if you were only slightly at fault. These states use the contributory negligence system, which prevents drivers from earning a settlement if they are partially at fault, without exceptions. If you live in one of these states and you were even 1% at fault for the accident, you would not be able to receive a settlement, making it useless to file a lawsuit.
File a car accident lawsuit
If you were injured in a car accident that wasn’t your fault, working with a lawyer can give you the confidence and expertise you need to make sure you receive a fair settlement.
Ready to file a car accident lawsuit? Let our team help you fight for the compensation you deserve. Get your free case review today.