November 20, 2024

Car Accidents

Have you ever gotten into a car accident with a friend and felt uncertain about how to proceed?

Imagine this scenario: Jimmy is driving his lifelong friend Tom to Sandridge Beach when Jimmy negligently veers off the side of a tight two-lane road and hits a tree.  Jimmy escapes the accident with minor injuries, but Tom’s right leg is broken. He gets it treated and ends up in a cast, and to make matters worse, he can’t work his job while he’s recovering.

Tom already lives paycheck to paycheck, and though his health insurance covers the bulk of his medical expenses, his bills are piling up for the difference between the cost of care and what his insurance covers.  Tom does not want to burden his friend, but after just a couple of months, he’s dangerously underwater.  Plus, it’s looking like he may need to get a titanium rod inserted into his leg.  Desperate, Tom hires the Virginia Beach car accident injury attorneys at Shapiro, Washburn, & Sharp.

After his initial free consultation, Tom decides to file a claim with Jimmy’s insurance company. Jimmy calls his lifelong friend: “You’re suing me?” Jimmy says. “How could you? I thought we were friends?”

In this article, we explain why Tom shouldn’t have hesitated filing a claim with Jimmy’s automobile insurance.

You’re Not Targeting Your Friend—You’re Targeting the Insurance Company

Filing a personal injury claim after a car accident doesn’t mean you’re going directly after your friend’s personal finances.  In the vast majority of cases, you and your car accident lawyer will seek compensation through your friend’s car insurance company, not directly from your friend.  In fact, attempting to collect against someone individually can be fraught with uncertainty, and obtaining a personal judgment often does not get you very far because judgments of this kind are dischargeable in bankruptcy.

Drivers are required to carry automobile insurance—to protect themselves, other drivers, and their passengers from the financial impact of an accident.  Your friend’s insurance policy should cover your medical expenses, vehicle repairs, and other damages up to the respective policy limits.  That means if you file a legal claim, the target of the claim is the insurer, not your friend’s personal assets.

Why It’s Okay to Seek Compensation for Your Medical Expenses

There is no need for you to suffer financial hardship trying to pay your expenses yourself when the at-fault driver has an insurance policy that could help. You deserve and are entitled to receive the treatment you need to recover without having to face overwhelming debt.  Insurance companies charge and collect premiums in turn for the very coverage meant to come into play in a situation like that described above.

How Can a Car Accident Attorney Help?

Filing a claim against a friend can be emotionally and legally complicated and difficult. Our car accident attorneys will give you the guidance and support you need and will take care of negotiating with the insurance companies involved on your behalf. We will also act as intermediaries, helping you pursue compensation without having to deal directly with your friend.

Remember that your claim is about assessing the insurance funds to cover your expenses, not about going after your friend personally. Contact our firm today for a free initial consultation. We can help make sure your settlement covers all your needed medical care, as we did for this federal worker who suffered neck and other injuries in a car crash. We helped him recover $930,000 in a personal injury settlement.

We have offices in Virginia Beach, Chesapeake, Portsmouth, Hampton, Norfolk, Suffolk, and Kitty Hawk, North Carolina.

 

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