What if the At-Fault Driver Wants to Sue Me?

June 7, 2023
Media Car Accident Lawyers at Eckell Sparks Can Help You if You Have Been Injured by a Negligent Driver

In many car accident scenarios, there is the question of who is at fault. Who pays for the medical bills and property damage largely depends on what state the accident occurred in and how that state allocates fault.

Whether or not you can sue depends on the state’s laws, which also affect how much compensation you would receive. If the other driver is at fault and says you should share some or all the blame for the accident, the best way to defend yourself is to speak with a car accident lawyer immediately.

Certain rules in each state direct you to how to recover compensation in a car accident, whom you can sue if necessary, and so forth.

Pennsylvania is known as a no-fault insurance state. You can select a no-fault insurance option when you choose your car insurance. This means that in a car accident, you would file a claim with your own personal injury protection (PIP) insurance for compensation, regardless of who is at fault for the accident. However, this limits your ability to sue the other driver, which you could do if the accident meets certain conditions.

Determining fault can be difficult. If the at-fault driver accuses you of causing the accident, you should contact your insurance carrier first and then an accident lawyer. The at-fault driver’s insurance company will likely try to contact you. Be careful not to admit anything if they do; instead, have them contact your lawyer.

If it is revealed that you share some form of liability, you may still recover compensation for your accident. Pennsylvania follows the legal principle of comparative negligence. This means that each party is assigned a percentage of fault. The plaintiff’s percentage of fault will then be deducted from the overall compensation award. It is important to note that you will likely be barred from collecting compensation if you are over 50 percent at fault. It is best to discuss your case with an accident lawyer and have them handle it as soon as the other driver tries to blame you.

Media Car Accident Lawyers at Eckell Sparks Can Help You if You Have Been Injured by a Negligent Driver

Even if it seems clear who is at fault for a car accident, there is always the chance that the other driver will accuse you of causing it. If you have been injured in a car accident, speak with our Media car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. Call us today at 610-565-3701 or fill out our online form for an initial consultation. Located in Media and West Chester, Pennsylvania, we proudly serve clients in Delaware County, Chester County, and Montgomery County.