After a car accident, you may assume that the insurance companies will handle everything. While that certainly may happen, in many cases, it does not due to the high costs of medical care and other expenses that come as a result of the crash.
ConsumerNotice.org explains that you may have to file a lawsuit if you feel that the payout from the insurance company will not cover all your expenses.
Short- and long-term expenses
One of the things you have to consider before deciding for or against litigation is how much your expenses will be. This can be difficult because you will have short- and long-term expenses in many cases. For example, if you suffer an injury that will continue to require care and treatment for an undetermined time, then it can be tough to come up with a figure to cover all the expenses relating to the injury.
The insurance company may try to offer you a quick settlement, which may seem like a good idea. However, these first offers are usually nowhere near fair. They are typically much lower than the amount you deserve. You can negotiate with the company to get a settlement you feel is adequate, but if you cannot reach an agreement, your only option may be to go to court.
In court, you can plead your case and show evidence of why you feel you deserve a large settlement. The judge or jury will make the final decision.
You also must remember that the insurance company only has to pay to the policy limits, which may not be enough to cover your costs. If the other party does not have enough insurance, then you may need to take your case to court to get a fair settlement.