Car accidents can leave you with injuries, medical bills, lost wages, and a damaged vehicle. If another driver’s negligence caused your accident, you have the right to seek compensation. Understanding how car accident claims work—and when you can sue—is essential to protecting your interests.
This article is for informational purposes only and does not constitute legal advice. Laws vary significantly by state.
Quick Answer
You can sue after a car accident if another driver’s negligence caused the crash and you suffered damages. However, your options depend on whether you live in a fault or no-fault state. In fault states, you can sue the at-fault driver directly. In no-fault states, you must first file with your own insurance and can only sue if your injuries meet certain thresholds.
Fault vs. No-Fault States
Fault (Tort) States
In most states, the at-fault driver is responsible for damages. You can:
- File a claim with the at-fault driver’s insurance
- File a claim with your own insurance (if you have collision coverage)
- Sue the at-fault driver directly
No-Fault States
In no-fault states (Florida, Michigan, New York, and about 10 others), you file with your own insurance regardless of fault. You can only sue if:
- Your injuries exceed a monetary threshold, OR
- You suffered “serious” injuries (as defined by state law)
What You Must Prove
To win a car accident lawsuit, you must establish:
1. Duty of Care
All drivers owe a duty to operate their vehicles safely and follow traffic laws.
2. Breach of Duty
The other driver failed to meet this duty through negligent actions like:
- Speeding
- Running red lights or stop signs
- Distracted driving (texting, etc.)
- Drunk or impaired driving
- Following too closely
- Failing to yield
3. Causation
The other driver’s negligence directly caused the accident and your injuries.
4. Damages
You suffered actual harm—physical injuries, property damage, or financial losses.
What You Can Recover
Economic Damages
- Medical expenses (current and future)
- Lost wages
- Reduced earning capacity
- Vehicle repair or replacement
- Rental car costs
- Out-of-pocket expenses
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or scarring
Punitive Damages
In cases of extreme recklessness (drunk driving, road rage), you may recover punitive damages to punish the defendant.
Comparative Negligence
If you share some fault for the accident, your compensation may be affected:
| Rule | States | Effect |
|---|---|---|
| Pure Comparative | CA, NY, FL, and others | You can recover even if 99% at fault (reduced by your percentage) |
| Modified (50%) | CO, ME, NE, and others | You can’t recover if 50% or more at fault |
| Modified (51%) | TX, IL, PA, and others | You can’t recover if 51% or more at fault |
Steps to Take After an Accident
1. Call 911
Report the accident and request medical assistance if needed. A police report documents the scene.
2. Exchange Information
Get the other driver’s name, insurance, license plate, and contact information.
3. Document the Scene
- Photograph vehicle damage, skid marks, traffic signs
- Take photos of your injuries
- Get witness contact information
4. Seek Medical Attention
See a doctor even if you feel fine. Some injuries appear days later. Medical records link your injuries to the accident.
5. Report to Your Insurance
Notify your insurance company promptly. Cooperate with your insurer, but be cautious with the other driver’s insurance.
6. Don’t Admit Fault
Avoid statements like “I’m sorry” or “It was my fault.” Let the investigation determine liability.
7. Consult an Attorney
For significant injuries or disputed liability, an attorney can protect your rights and maximize your recovery.
When Insurance Isn’t Enough
You may need to sue if:
- The at-fault driver is uninsured or underinsured
- Your damages exceed policy limits
- The insurance company denies your claim
- They offer an unfairly low settlement
- Liability is disputed
Statute of Limitations
| State | Time Limit |
|---|---|
| California | 2 years |
| Texas | 2 years |
| Florida | 4 years |
| New York | 3 years |
Frequently Asked Questions
Should I accept the insurance company’s first offer?
Usually not. First offers are often low. Once you accept, you can’t get more money—even if your injuries worsen.
What if the other driver doesn’t have insurance?
You can use your own uninsured motorist (UM) coverage if you have it. You can also sue the driver personally, though collecting may be difficult.
How long do car accident cases take?
Simple cases may settle in months. Complex cases with disputed liability or serious injuries can take 1-3 years.
Do I need a lawyer?
For minor accidents with clear liability and small damages, you may handle it yourself. For serious injuries, disputed fault, or low settlement offers, an attorney is recommended.
When to Contact a Lawyer
Consider consulting an attorney if:
- You suffered significant injuries
- Fault is disputed
- Multiple vehicles were involved
- The insurance company denies or undervalues your claim
- You’re being pressured to settle quickly
- A government vehicle was involved
- You’re unsure of your rights
Last updated: January 2025
This article provides general information about car accident lawsuits in the United States. Laws vary by state and individual circumstances. Consult with a qualified attorney in your state for advice specific to your situation.
