When you go through a car accident, it’s important to know what kind of liability claims you can file for. You need to file the right liability claims so that you may obtain the compensations that you are entitled to. Here are the most common liability claims that you may apply for.
What Does Car Accident Liability Mean?
“Liability” is just a fancy way of saying “fault.” If someone is held liable for an accident, it means that they are responsible for all the damage and injuries caused by the accident.
Someone who is just a victim and is not held liable for the accident should be able to file an accident liability claim. This should give them the compensation necessary to pay for repairs or medical assistance, all of which are supported by the guilty party’s insurance.
Types of Liability Claims
Car accident liability claims come in different forms. Each car accident is different, which means that you may have to file different claims. Here are the most common types of claims that those who are not at fault may claim:
1. Liability Claim against a Different Driver
This is one of the most common types of claims that often show up after a car accident. For instance, you may have been driving through the streets of Augusta and someone ran their car into you. Or maybe you were a pedestrian. In this particular case, with the help of an Augusta car accident attorney who knows your rights, you should be able to file a car accident liability claim against the driver.
2. Product Liability Claim
Perhaps it was not even your fault or the other driver’s fault. Perhaps it was a faulty tire, or your brakes failed you due to a manufacturing error. In that case, you may sue the manufacturer and hold them liable for the damages incurred during the accident. If other people were affected, a class-action lawsuit may be filed against the manufacturer.
3. Government Liability Claim
Sometimes, accidents or damages to the car are caused by badly designed or poorly maintained roads. In Augusta, for instance, poorly paved roads in mobile home parks damaged multiple cars, for which the government was held liable. A good lawyer will be able to prove that the government should have known of the road hazard, which could help you win a government car accident liability claim. The cases against the government are often very difficult, but as long as the law is on your side, you should be able to receive your compensation.
4. Underinsured/Uninsured Liability Claims
Sometimes, you may be involved in a car accident with someone who does not have insurance. In most situations, it is safe to say that if this person does not have insurance, they cannot afford to pay the compensation either, or at least cannot cover the full cost. In this case, you should be able to file for uninsured/underinsured coverage, as long as you have personal injury protection (PIP).
5. Dram Shop Liability Claim
This is often referred to as a “third party” claim. Let’s say that you are involved in a car accident with an inebriated driver. In this case, you might skip suing the driver, and sue the one who gave them too much to drink in the first place. This can be a bar, a restaurant, or any other establishment that served them drinks. If the driver came from a private party, then you may be able to sue the homeowner for getting them drunk and letting them drive home in that state.
6. Medical Malpractice Liability Claim
This is very rare, but still possible. For instance, a driver may have caused the accident as a result of a medical mistake. A doctor may have prescribed a drug, but failed to warn of potential side effects that can affect driving (i.e., drowsiness). Or maybe a hospital released a person too soon after treating them, giving them the green light to drive when they weren’t in any condition to do so. This entitles you to file a medical malpractice liability claim.
7. Wrongful Death Liability Claim
This is the most unfortunate car accident liability claim. If you lose a loved one during a car accident that was not your fault, then you may file a suit against the other driver. You may choose to file yourself or have a representative do it in your stead in case you cannot handle matters on your own.
Car accident liability claims can bring you the compensation that you deserve, covering the costs of repairs along with other associated costs. Considering that you weren’t the one to cause the accident in the first place, you are entitled to receive compensation.