Should I Sue a Friend or Family Member after an Accident?

If you are injured in a car accident, it may be necessary to sue a friend or family member to recover financial compensation for your injuries. While you may not like the idea of doing that, they will understand once the legal process has been explained to them. Additionally, filing a car accident lawsuit will not affect them financially—unless there is rate increase in their insurance.

The Insurance Company Benefits if You Do Not Sue

When you file a car accident lawsuit, any compensation that you receive will come from the defendant’s insurance company– not the defendant. However, if you don’t file a claim, the only one who benefits is the insurance company because it will not be required to pay you anything.

Will I Cause My Friend’s Insurance Rates to Rise?

One concern many people have about suing a friend or relative is that their insurance rates will increase. This does not always happen. However, if it does, their rate would’ve gone up anyway once the insurance company discovered the accident– your claim will not directly trigger the increase.

Your Medical Costs Could be Overwhelming

If you are injured in a car crash, anyone who cares about your well-being will want you to receive compensation to help you recover. Your friend or a family member has already paid for this insurance, so why not use it? Some accidents cause severe, life-changing injuries that lead to steep medical bills, extensive time missed from work, and more. Some of the types of damages that you may seek in a car accident lawsuit include the following:

• All medical costs— including transportation by ambulance or helicopter, emergency room visits, hospital stays, doctors’ appointments, procedures, surgeries, physical therapy, assistive devices, prescription medications, and in-home care.
• Lost wages— which covers the time from work that you are forced to miss due to your physical or psychological injuries.
• Loss of earning capacity— which is triggered in situations where you may be able to return to the workforce but must do so in a reduced or diminished capacity with a lower salary.
• Pain and suffering—this can refer to the psychological trauma of the accident, loss of consortium, and the depression that may ensue when faced with daily physical pain from the accident.

Your Friend or Family Member Wants the Best for You

Some car accident victims suffer $1 million or more in damages. With your life permanently altered and disabled because of this crash, your friend or family member will likely want you to have every resource possible to begin rebuilding your life. While you may feel hesitant to do so, they might accept that you are suing them because that may be your only means to recover any financial compensation from the insurance company.

Will They Have to Pay Legal Fees?

To further ease your concerns about suing a relative, that person will not even have to pay to hire an attorney, as the insurance company will provide legal representation free of charge. Additionally, if they were at fault for the crash, the insurance company has the right to raise their premiums regardless of whether you file a claim.

Why It Can Help to Consult with an Experienced Lawyer

At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we understand the stress of mounting medical bills and other expenses. It’s essential to consult a car accident attorney. They can help you fully understand the impact on you and your finances if you do not file a claim and the impact on your friend or family member if you do.

Contact Us for a Free Case Review

For 46 years, at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we have been fighting to achieve justice on behalf of injured victims, and we have recovered millions of dollars in settlements and jury verdicts for our valued clients.

If you have any questions about whether or not you should sue a friend or family member after an accident, call us today to book a cost-free case review. Because we work on a contingency fee basis, you will never receive a bill from us unless you win your case.