Car Accidents | Legal Support & Claims (2025)

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Editorial Team

ConsumerShield

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Reviewed By Adam Ramirez, J.D.

Editor

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What can you claim for car accidents? Quick Answer

  • Car accident claims involve proving negligence, assessing fault, and recovering damages for injuries, lost wages, and vehicle repairs. Laws vary by state, and fault may be shared. Insurance covers some costs, but legal help can maximize compensation.

Summary

  • If someone else caused your accident, you could recover damages
  • Determining fault can be complex, but a car accident lawyer can help
  • Your compensation may be reduced if you were partially at fault

Those involved in a car accident often sustain injuries, sometimes serious ones. Vehicles suffer damage, and at times, they are totaled. The U.S. legal system plays a pivotal role in resolving disputes over liability and determining which party bears the financial burden for medical treatments, pain and suffering and vehicle repairs.

When you’re involved in an accident as a result of another driver's negligence, you may be entitled to recover your damages. Damages may include any injuries you sustained and any costs you incurred like medical bills, prescription drug costs, lost wages due to time missed from work, etc. An experienced auto accident lawyer can help maximize your compensation.

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Understanding Car Accident Claims

Car accident laws merge principles of traffic law and personal injury law. Someone harmed in a car accident has the option to hire a lawyer to enforce their rights.

Should negotiations stall, the lawyer is prepared to initiate legal action. Through the examination of police reports, photographic evidence and other evidence, the courts endeavor to pinpoint the cause of the accident. The party found responsible is typically required to cover the other's medical bills, property repair costs, and additional damages including lost earnings and pain and distress.

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The Complexity of Fault

Assigning fault in car accidents isn't always clear-cut, especially when multiple drivers share responsibility. The laws dictating how fault should be apportioned and financial obligations determined vary by state. Some jurisdictions demand that a single party cover all expenses, while others distribute financial responsibility proportionately based on each party's fault.

The Function of Auto Insurance

Auto insurance policies often cover a portion of the repair costs or the replacement value of the damaged vehicles, in addition to certain medical bills. There is a broad spectrum of mandatory insurance coverage across different states.

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Assessing Liability

The criteria for establishing fault differ by vehicle type and are designed to offer more protection to more vulnerable users like pedestrians and cyclists. Due to their susceptibility to more serious injuries, these groups are afforded additional considerations.

Given their vehicle's agility and speed, motorcyclists are subject to a different set of traffic regulations. Truck drivers, possessing professional training and certification, are expected to adhere to a higher standard of road safety. With a significant number of truck drivers in the US, accidents involving trucks introduce additional complexity in liability determination since trucks are usually owned by commercial entities. This expands potential liability to include both the driver and the company owner under the doctrine of Respondeat Superior, which holds employers accountable for the actions of their employees performed within the scope of their employment.

Car Accident Settlements and Compensation

If you have been injured in a car accident you didn’t cause, you might be able to recover compensation for:

  • Medical bills
  • Lost income
  • Property damage
  • Lost earning capacity
  • Emotional distress
  • Loss of enjoyment of life

Many people want to know how much compensation they may recover after an accident. However, because these cases are so individualized, the only way to know for sure is to consult an attorney.

Minor car accidents can sometimes settle for a few thousand dollars, and those involving catastrophic injuries may settle for $1 million or more.

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How a Car Accident Case Works

Many people injured in car accidents want to seek compensation, but they aren’t sure how to proceed. Here’s an overview of how the legal process generally works:

Step 1: Consultation

To increase your chances of recovering compensation, you should find a personal injury lawyer experienced in car accident cases. Most of these lawyers offer free consultations, so it’s a good idea to talk to a few attorneys before deciding.

Most of these attorneys are only paid on contingency. This means that if you win your case, you pay them a percentage of your compensation. Due to this arrangement, car accident lawyers only accept certain cases. If they think they could reasonably win your case, they will likely offer to represent you.

Step 2: Building a Case

Once an attorney accepts your case, they will start investigating your accident. They’ll gather evidence to prove the other party’s negligence and the value of your losses

Step 3: Filing an Insurance Claim and Negotiation

Most lawyers will file an insurance claim before filing a lawsuit. Often, the insurance company will not immediately agree to pay the full claim amount. The lawyer will typically try to negotiate a fair settlement.

Step 4: Filing a Lawsuit

Sometimes, the insurance company may refuse to offer a reasonable settlement. When this happens, your lawyer will likely file a car accident lawsuit. The lawsuit process takes time, and often, the two sides will continue to negotiate.

The vast majority of car accident lawsuits are settled outside of court, so your chances of having to go to court and testify are very small. However, if yours is one of the few lawsuits that don’t settle, the case might need to be decided in a civil trial.

Civil trials work similarly to criminal trials in the sense that both sides present their arguments to the court. However, instead of deciding whether the at-fault party has committed a crime, the jury decides whether they are liable for your injuries. If they are, the court will order them to pay you a certain amount of compensation.

Have You Been Injured in a Car Accident?

Read on to learn more information on the different types of collisions, how auto insurance works and what you should do after a car accident. If you or a loved one has been the victim of someone else's negligence on the road, contact an experienced car accident attorney as soon as possible after your accident and prepare key details in advance.

Explore the pages below to find and hire a trusted car accident lawyer in your state:

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