Driving down the road one minute only to find yourself involved in a car accident the next is an extremely terrifying experience that can leave anyone afraid to get behind the wheel again. Still, many people write off the potential risk of a car accident because it has never happened to them before. However, recent years have seen as many as 13 car accidents occurring every minute, amounting to over five million accidents per year.
Just because the likelihood of being in a car accident is technically low doesn’t mean it can’t happen. In the event it does happen, knowing what steps to take next are important. Most people assume when they are hit by a car and injured that filing a car insurance claim is the best choice, yet there are certain situations in which a personal injury lawsuit may be better.
Learn the key differences between car insurance and personal injury to determine which course of action is best for your situation.
What is Car Insurance?
While the majority of drivers are likely aware of what car insurance is, it’s still worth covering. Car insurance is the legally mandated auto protection in almost every state in the U.S. It provides the policyholder with financial coverage in the event of an accident, paying out drivers who the policyholder may hit on the road.
Alternatively, if a driver is hit on the road due to someone else’s fault, that other person’s insurance company may pay for the vehicle damages. Insurance can also come into play when there are single-car accidents, freak weather accidents, crashes with uninsured drivers, and more depending on the situation.
What are the Six Main Types of Car Insurance?
Generally speaking, there are six primary types of car insurance that a driver can consider, and not all of them are legally required around the country. These six include:
- Liability Coverage: This first form of car insurance is the type that is required in almost every state in the country, and it helps cover damages for injuries and property damage in the event you are found legally responsible.
- Collision Coverage: This is the type of auto insurance that will offer protection to your car in the event you are in an accident with another driver or collide with an object such as a road-side barrier.
- Comprehensive Coverage: In the event of a freak accident, comprehensive coverage will have a driver’s back. Whether it’s colliding with an animal, odd weather events, vandalism, or something else, this coverage will pay for some damages.
- Underinsurance or Uninsured Driver Coverage: When a person collides with a driver who doesn’t have insurance, being the policyholder on this type of insurance will allow your vehicle to be paid for.
- Medical Payments Coverage: Regardless of who is at-fault, medical payments coverage will help cover some of the expenses related to medical injuries that are sustained in an accident.
- PIP Coverage: A unique form of insurance, personal injury protection (PIP) coverage helps to cover medical expenses and loss of income resulting from an accident in “no-fault” states.
Understanding “No-Fault” Car Insurance
One unique aspect to car insurance is the existence of “no-fault” states around the country. Drivers in these states are legally required to have liability coverage in addition to PIP coverage. When a collision happens in these states, an investigation into who is at fault isn’t conducted, and the two insurance companies simply provide the coverage to the other party.
What is Personal Injury?
On the other side of things, personal injury is a subset of tort law which deals directly with redressing a wrongdoing committed against a person by another person or party. The matter is settled in civil court, as opposed to through a claims process, and the ultimate goal for the plaintiff is to receive monetary compensation for their injuries that occurred due to the defendant’s negligent actions.
Common Types of Personal Injury
There are a few different common situations in which personal injury may apply, but the most common include:
- Medical malpractice incidents
- Product defectiveness incidents
- Vehicle-on-vehicle or vehicle-on-pedestrian incidents
- Off-leash animal attack incidents
- Slip-and-fall related incidents
The 4 Foundational Elements of Personal Injury
Proving personal injury in a court of law is challenging as each of the following four elements must be shown:
- Duty of Care: First, it must be shown that the defendant had a duty of care to the plaintiff, meaning they had a legal obligation to act in a reasonable manner to keep that person from harm. All drivers have a duty of care to others on the road.
- Breach of Duty of Care: Second, it must be shown that the defendant breached their duty by acting negligently. This could be texting behind the wheel and taking their eyes off the road.
- Proximate Causation: Third, it must be shown that the actions of the defendant directly led to the injuries the plaintiff sustained and that, if the defendant hadn’t acted that way, the injuries wouldn’t have happened.
- Damages: Finally, the damages the plaintiff is suing for must line up with the extent of their injuries from the accident.
Personal Injury vs. Insurance: Which is the Right Choice?
Deciding between simply filing an insurance claim or going further and pursuing the matter with a personal injury lawsuit can be difficult. Generally, it’s best to consider the extent of your injuries and whether or not a simple insurance claim would make you whole. If it wouldn’t, then reaching out to a personal injury lawyer may be the best choice for your situation.
Protect yourself on the road
The last thing any driver wants, or needs, is to be involved in a horrific accident that leaves them with debilitating injuries for potentially years. Unfortunately, the majority of car accidents do result in injuries which means being prepared to make your case legally may be necessary. After a car accident occurs, consider reaching out to an accredited attorney as soon as possible to discuss the finer details of your case in order to determine whether a personal injury lawsuit in addition to an insurance claim is the right choice.
