When Can You Sue Someone for a Car Accident? [2025 Guide]

Filing a Personal Injury Lawsuit May Be Necessary

In many car accident cases, the first step toward compensation involves filing a claim with the at-fault driver’s insurance company.

This is often enough for minor accidents with low damages.

Not every claim is straightforward.

There are several scenarios in which filing a personal injury lawsuit and working with a car accident attorney becomes not only appropriate but necessary.

If the insurance company denies your claim, delays payment, or offers a settlement that doesn’t begin to cover your medical bills, you may need to escalate the matter legally.

In these situations, pursuing a lawsuit may be the only way to recover full and fair compensation for the damages.

At TorHoerman Law, we work with clients to evaluate their options and determine when legal action is in their best interest.

Getting the justice you deserve is always our top priority.

Common Scenarios in Which a Victim Can Sue

Not every accident results in a lawsuit.

When certain factors are present, legal action may be the best (or only) way to protect your rights and seek fair compensation.

Common situations where a car accident victim may be entitled to sue include:

1. Severe or Permanent Injuries
2. High Medical Expenses
3. Insurance Bad Faith
4. Disputed Liability
5. Uninsured or Underinsured Drivers

1. Severe or Permanent Injuries

If you suffer significant injuries, such as traumatic brain injuries, spinal cord damage, disfigurement, or long-term disabilities, you may need lifelong care and ongoing treatment.

These costs can quickly exceed what an insurance claim will cover.

In such cases, suing the at-fault party is often necessary to secure compensation for current and future medical expenses, rehabilitation, and loss of quality of life.

2. High Medical Expenses

Even non-permanent injuries can lead to substantial medical bills.

From emergency room visits to surgeries and follow-up appointments, the costs add up fast.

If the insurance company’s offer doesn’t reflect the full scope of your medical needs, a lawsuit may help you pursue the compensation you actually need, not just what the insurer wants to pay.

3. Insurance Bad Faith

Sometimes, the insurance company handling your claim acts in bad faith.

This can include unreasonably delaying the process, denying a valid claim without explanation, or failing to conduct a proper investigation.

When this happens, filing a lawsuit may be the only way to hold them accountable and recover damages.

4. Disputed Liability

If the other driver’s insurance company argues that you were partially or fully at fault, even when the evidence says otherwise, a lawsuit may be necessary to prove your case in court.

Establishing liability is crucial to recovering damages, and a legal team can help you gather and present the evidence needed to support your side.

5. Uninsured or Underinsured Drivers

If the at-fault driver has no insurance or only carries the minimum coverage that doesn’t fully compensate you for your losses, you may have no choice but to file a lawsuit.

In these cases, your own uninsured/underinsured motorist (UM/UIM) coverage may help, but you may still need legal action to recover the full amount.

In each of these scenarios, suing the responsible party may be the most effective way to pursue justice.

TorHoerman Law is here to help you determine your best course of action based on the specifics of your case.

Who Can You Sue for a Car Accident?

When pursuing a car accident lawsuit, identifying the appropriate party or parties to sue is a critical step.

While most people assume the only option is the at-fault driver, liability can extend beyond just the person behind the wheel.

Your car accident attorney can help you determine the liable parties in a claim.

Several potential defendants in a car accident lawsuit includes:

1. The Negligent Driver
2. A Commercial Driver or Their Employer
3. A Government Entity
4. A Vehicle Manufacturer or Parts Supplier
5. A Third Party

1. The Negligent Driver

In most cases, the person responsible for the accident is the primary party you can sue if you suffered injuries or damages.

If the other driver was speeding, distracted, intoxicated, or otherwise negligent, you can file a personal injury lawsuit against them to recover damages.

2. A Commercial Driver or Their Employer

If the driver was operating a company vehicle at the time of the accident, such as a delivery truck or rideshare vehicle, you may have grounds to sue both the driver and the company that employs them.

Employers can be held liable for their employee’s negligence under a legal principle known as respondeat superior, especially if poor training, lack of maintenance, or unsafe policies contributed to the crash.

3. A Government Entity

In some cases, accidents occur because of poorly maintained roads, faulty traffic signals, or inadequate signage.

If a government agency failed to address known hazards or neglected regular road maintenance, they may be liable.

Suing a government entity is more complex and involves strict deadlines and procedures, but it’s possible with the help of an experienced attorney.

4. A Vehicle Manufacturer or Parts Supplier

If the crash occurred because of a defective car part, such as faulty brakes, airbags, or steering components, you may have a product liability claim against the vehicle manufacturer, parts maker, or designer.

These cases require technical evidence and expert testimony, but they’re crucial when mechanical failure plays a role.

5. A Third Party

Sometimes, a third party (such as a contractor performing road work or another driver who contributed to the crash) may share liability.

In multi-vehicle accidents or chain-reaction collisions, identifying all potentially responsible parties is essential to pursuing full compensation.

Determining who to sue isn’t always straightforward, but it’s a step you don’t have to take alone.

At TorHoerman Law, we investigate every angle of your case to make sure no liable party is overlooked.

Our goal is to maximize your recovery, wherever the responsibility lies.

The Difference Between a Car Accident Claim and a Lawsuit

Understanding the distinction between a car accident claim and a lawsuit is key when deciding how to move forward after a crash.

A car accident claim typically refers to the process of seeking compensation through an insurance company, either your own insurer or the at-fault driver’s.

Most personal injury cases begin this way. Ideally, the insurance company investigates the accident and offers a fair settlement to cover your damages.

When insurance negotiations break down, due to denied liability, lowball offers, or delayed responses, filing a car accident lawsuit may be the next logical step.

A lawsuit involves taking formal legal action in court against the responsible party.

It allows you to present your case to a judge or jury and demand fair compensation based on evidence, not insurance company discretion.

Lawsuits also become necessary in these scenarios:

• The at-fault driver is uninsured or underinsured
• Liability is being unfairly disputed
• The damages exceed insurance policy limits

While many lawsuits settle before trial, initiating the legal process sends a clear message: you won’t accept anything less than what you deserve.

At TorHoerman Law, we’re prepared to escalate your case and pursue compensation when needed, fighting for the justice and recovery you’re entitled to.

The Steps Involved in a Car Accident Lawsuit

Around 96% of car accident claims will be settled out of court.

Things can escalate. If you’ve been injured in a car accident and negotiations with insurance aren’t going anywhere, a lawsuit may be necessary to recover the compensation you deserve.

While filing a lawsuit can feel overwhelming, understanding the steps involved and having the right legal team on your side can make the process much more manageable.

What typically happens during a car accident lawsuit includes:

1. Case Evaluation
2. Filing the Lawsuit
3. Discovery Phase
4. Negotiation and Settlement
5. Trial

1. Case Evaluation

Your attorney will start by reviewing the details of your accident, injuries, and losses.

This involves assessing police reports, medical records, witness statements, photos, and any communication with insurers.

If the evidence supports a viable claim, the next step is to move forward with legal action.

2. Filing the Lawsuit

The lawsuit officially begins when your attorney files a complaint in the appropriate civil court.

This document outlines the facts of the case, the legal basis for your claim, and the compensation you’re seeking.

The defendant is then served and given a deadline to respond.

3. Discovery Phase

During discovery, both sides exchange evidence, answer written questions (interrogatories), and may conduct depositions.

This phase can be time-consuming, but it’s crucial to building a strong case.

Discovery allows your attorney to uncover key details, challenge the defendant’s narrative, and prepare for trial if necessary.

This stage may take the longest out of all the stages in the case.

4. Negotiation and Settlement

Most car accident lawsuits are resolved before they ever reach trial.

As evidence is shared, both parties often return to the negotiating table.

Your attorney will work to secure a settlement that fully reflects your medical expenses, lost income, pain and suffering, future care needs, and other damages.

5. Trial

If a fair settlement can’t be reached, the case proceeds to trial.

Your attorney will present your case in court, calling witnesses, introducing evidence, and arguing on your behalf.

The judge or jury will then determine fault and award damages, if applicable.

At TorHoerman Law, we understand how life-altering a serious car accident can be.

Our experienced attorneys are here to guide you through every stage of the lawsuit, advocating for your rights while you focus on healing.

From start to finish, we’ll work tirelessly to ensure you’re not just heard, but fully compensated for what you’ve endured.

TorHoerman Law: Contact an Experienced Attorney To File a Car Accident Lawsuit

If you’ve been injured in a car accident caused by someone else’s negligence, you may have the legal right to file a lawsuit and pursue full compensation for your losses.

While insurance is often the first step, it’s not always enough, especially when injuries or property are serious, liability is disputed, or you’re being treated unfairly.

That’s where legal action becomes essential.

At TorHoerman Law, we understand the physical, emotional, and financial toll an accident can take.

Our team is here to support you through the legal process with empathy, experience, and unwavering advocacy.

We offer a contingency fee and ensure you file within the statute of limitations to add to your peace of mind.

We’ll help you determine whether a lawsuit is appropriate, guide you through every stage of the case, and fight for the justice and compensation you deserve.

Contact us today for a free consultation and let us help you move forward with confidence and peace of mind.

You can also use the chatbot on this page to find out if you qualify immediately.