The Underinsured Driver, A Car Accident, And You: Should You Sue?
Most states now require all drivers to have the bare minimum in car insurance. Usually, this means just liability coverage; although, some states have and allow less coverage for people that cannot afford insurance but are still required to carry it. This leaves thousands of drivers on the road underinsured for any accident that occurs, and other drivers who have tons of coverage wondering if they should sue the underinsured drivers in an accident. If you are in an accident with an underinsured driver, should you sue? Here are some perspectives to help you decide.
No Real Harm
While your vehicle may have a slight dent in it, the other driver is driving a car that looks like it might fall apart at any second. You are almost certain that the other driver probably does not have two nickels to rub together by the looks of him/her and his/her vehicle. In this instance, you may be very upset that your vehicle was damaged, but if no one was hurt, you might want to let this one go. If may cost more to file the lawsuit than to accept the damage, plus the other driver may have nothing left to give in terms of money.
You Were Hurt
What "level" of hurt were you? If you are talking whiplash and dislocated joints or torn ligaments that required surgery, then yes, you should sue the underinsured driver. Your own car and health insurance should not have to pay for the other driver's errors and lack of substantial insurance coverage. On the other hand, a bruise or two or a slight bump on your head that is not conclusively concussive is probably not worth it since a visit to your family doctor is likely covered by your health insurance with a small co-pay.
Major Damage to Your Car or Minor Damage to a Luxury Vehicle
You spend a lot of money covering your own vehicle. If you have a luxury vehicle, your car insurance each month is almost as much as the car payment. If you have major damage to a minor car or minor damage to a major luxury car, your insurance should not have to pay that. The underinsured motorist should pay for that, regardless of his/her ability to pay. You should not settle for any small amount that the liability insurance the other driver has and that the other driver's insurance company is willing to pay. Consult with a car accident attorney if any of these scenarios are familiar.
