If you were involved in a car accident where your friend was the other driver. No one wants to sue a friend, but, at the same time, you need to look out for your best interests. Injuries sustained in a car accident can be serious as well as expensive.
If you were injured while a friend was driving, should you still sue? We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
Informal Agreement
The kneejerk reaction that would happen more times than none in this situation is the friend approaches you and wants to come to an agreement on damages. “Let’s not contact the insurance company.” That idea may seem tempting, and it can work in many situations.
However, it is important you look out for your interests. What are your injuries? Have you been seen by a medical professional? How badly damaged is your car? A handshake may be all well and good but friendships come and go, and a verbal agreement is only as good as the paper on which it is written.
Your friend could just as easily change his mind and file a claim against your insurance company, making it appear as if you are the one at fault. When it comes to personal injury matters, it is often best to just keep friendship out of the equation.
No-Fault Insurance State
If you live in one of the twelve states where no-fault insurance is the law, your job will be much easier. Currently twelve states and Puerto Rico have no-fault car insurance laws. These states are Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New York, North Dakota, Pennsylvania and Utah have no-fault laws.
In these states, drivers involve in a car accident file claims against their own insurance policies regardless of who was at fault. Therefore, your friend would file against his own policy and you would file on your own. However, if you live in one of the other states where fault is a consideration, things may be a little more complicated.
Hurt Feelings
You likely do not want to hurt the feelings of your friend, and that is understandable. However, keep in mind that if you are hurt and need help paying for your damages, there is no shame in filing a personal injury claim. If your friend’s insurance policy is not enough to compensate your injuries, you are more than entitled to file a legal claim to pursue your injuries.
Do not Also keep in mind that just because your friend’s name is listed on the lawsuit does not mean it is personal. You are suing your friend’s insurance company. Insurance policies are purchased for this very reason, and you are simply going after what you deserve to be made whole again.
Your friend is not paying out of pocket for these expenses; their insurance company is. Do not make it personal and do not go out of your way to make your friend look bad in court if you are wanting to spare feelings. Simply present the facts as they actually happened.
Determining Fault
When it comes to determining who pays for what damages in most states, fault is a consideration. Were you at fault, or was your friend? Each driver has a duty of care when driving on the road, and when one driver breaches that duty by driving negligently, he is then responsible for the damages caused by his actions.
If a question exist as to who is at fault, rather than duke it out with your friend, have the insurance claims adjuster investigate the situation to determine what exactly happened. Do not admit fault just to save a friendship.
Keep it neutral and let the insurance company do their job. If it ends up being your fault, your friend will file a claim on your policy, but if it is not, you will pursue a claim against your friend.
Contact an Attorney Today
If you have been in a car accident and are not sure if you need a lawyer, it never hurts to contact an attorney to ask any questions you may have. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
