Yes, someone can still sue you for a car accident
, even if you have insurance. Insurance helps cover many of the costs after a crash, but it doesn’t shield you completely from legal action. If the other person’s injuries or damages exceed your coverage limits, or if there’s a dispute about who caused the accident, a lawsuit is still possible.
Understanding how and why that happens can make a stressful situation feel a little less overwhelming. Long Island car accident lawyers have seen how these cases unfold and know how important it is to be prepared.
Why Would Someone Sue if I Already Have Insurance?
It’s natural to think your insurance should cover everything. And in most cases, it does. But sometimes, the person you’ve been in an accident with might choose to file a lawsuit anyway due to:
- The limits of your insurance: Your insurance policy has limits. For example, if your policy covers up to $50,000 in liability but the injuries are valued at $100,000, the injured person might sue you directly for the remaining $50,000.
- Disputes over fault: Insurance companies investigate accidents and decide who is at fault. If the other driver believes the insurance company made a mistake or disagrees with their decision, they might file a lawsuit.
- Serious injuries: Injuries that are especially severe or permanent can motivate someone to sue for pain, suffering, or other non-economic damages that exceed typical insurance coverage.
Understanding Your Insurance Coverage
To better understand why someone might sue you, it helps to look at the types of insurance most drivers carry:
- Liability insurance: This covers injuries and damages you cause to others. New York State requires at least $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $10,000 for property damage per accident.
- Personal Injury Protection (PIP): Also known as no-fault insurance, PIP covers medical bills and lost wages for you and your passengers, regardless of who’s at fault, up to your policy limits.
- Collision and comprehensive insurance: These cover damage to your own vehicle from accidents or other incidents like theft or storms.
If damages or injuries exceed these limits, a lawsuit against you personally is possible.
When a Lawsuit Might Actually Happen
If the accident involves serious injuries or significant financial losses, a lawsuit may still happen—even if you have insurance. Here are a few situations where that could occur:
- Severe injuries or fatalities: Major injuries often come with huge medical bills, long-term care needs, and lost income. If insurance doesn’t cover it all, you might face a personal lawsuit.
- High–value property damage: If you cause significant damage to someone else’s expensive property, such as a luxury car or commercial vehicle, your insurance might not fully cover the repairs.
- Contested liability: If fault isn’t clear-cut, or the other party strongly disputes the insurance company’s determination, they might seek legal action.
This is why having an experienced Long Island car accident attorney is so important—we help protect your rights, especially if someone files a lawsuit.
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What Happens If You’re Sued Personally?
If you’re personally sued after a car accident, your insurance policy usually includes legal defense. That means the insurer will provide and pay for an attorney to represent you.They’ll handle the legal process, everything from negotiating with the other party to appearing in court if it comes to that. You’re generally not expected to cover these legal costs out-of-pocket.The financial risk comes in if the damages awarded in a lawsuit go beyond your policy limits. In that case, you could be held personally responsible for covering the remaining amount.
Can My Assets Be Taken if I Lose a Lawsuit?
If a lawsuit judgment exceeds your insurance limits, you could potentially be responsible for paying the difference yourself. This doesn’t automatically mean you’ll lose your home or savings. But it does mean:
- A judgment could potentially put liens on properties you own.
- Your wages might be garnished to satisfy the judgment.
- Bank accounts or other assets could be targeted for collection.
Knowing this risk highlights the importance of considering additional insurance coverage, like an umbrella policy, to provide extra protection.
Steps to Take Immediately After an Accident
Taking these steps immediately after a car accident can significantly lower your risks of facing a lawsuit:
- Check for injuries: Ensure everyone involved receives immediate medical attention, even if injuries seem minor.
- Call the police: An official police report can help clarify fault and details of the incident.
- Gather evidence: Take pictures, record videos, and collect contact information from witnesses.
- Notify your insurance company: Inform your insurer immediately so they can begin their investigation quickly.
- Be cautious with statements: Avoid making any statements that could be interpreted as admitting fault.
By being proactive, you can reduce your chances of being personally sued after an accident.
Trusted Support from a Long Island Car Accident Lawyer Anytime You Need It
Having car insurance offers a strong layer of protection, but it doesn’t mean you’re completely shielded from a lawsuit. Many people ask, “Can someone sue you for a car accident if you have insurance?” The answer is yes—when injuries are severe or damages are high, personal legal action can still happen, even if you’re fully insured.Knowing what your policy covers and where its limits stop can help you avoid surprises. If something goes wrong, having the right legal support means you’re not stuck figuring it out on your own.At Levine And Wiss, our attorneys handle your case from start to finish. You can text your lawyer directly, and we’re available 24/7. Reach out to a Long Island car accident lawyer who calls you back and knows how to protect what matters most.
