There are typically provisions in your policy about your ability to sue or request arbitration. You need to read your policy, and see if there are any special limitations or evaluation provisions to sue your own insurance company.

Typically, it is not necessary to sue in order to be properly compensated. Most states inact laws to limit lawsuits related to car accidents. For example, no-fault laws are created to guarantee individual's policies cover them regardless of fault in an accident. This limits the necessity to sue the other party, but it doesn't limit a necessity to sue an insurance company. Unfortunately, plaintiff's lawyers have been exploiting more exceptions to the no-fault bar on tort suits and this is creating othe problems.

In the US, on average there are more than 6.5 million car accidents on the roads annually. There are in excess of 51,000 deaths due to car accidents every year. Every 11 minutes, one person dies because of a car accident. Every 13 seconds, a car accident results in an injured victim. More than 25% of all car drivers were involved in car accidents over any five year period.

Traffic collisions, auto accidents, road accidents, personal injury collisions, motor vehicle accidents, and crashes kill an estimated 1.2 million people worldwide each year.

Most car claims are settled without using an attorney. Parties involved in a car accident may face criminal liability, civil liability, or both. Usually, the state starts a prosecution only if someone is severely injured or killed, or if one of the drivers involved was clearly grossly negligent or intoxicated or otherwise impaired at the time the accident occurred.

Charges by the state might include driving under the influence of alcohol or drugs, assault with a deadly weapon (vehicular), manslaughter, or murder; penalties range from fines to jail time to prison time to death (although the death penalty is not applicable in many jurisdictions). It is notable that the penalties for killing and injuring with motor vehicles are often very much less than for other actions with similar outcomes.

As for civil liability, automobile accident personal injury lawsuits have become the most common type of tort. Because these cases have been litigated often the legal questions usually have been answered in previous lawsuits or judgments. So, the courts most usually decide solely the factual questions of who is at fault, and how much they (or their insurer) must pay out in damages to the injured plaintiff.

Another element of liability involves the administrative fines or license suspension/revocation that may be imposed by civil or criminal authorities when a driver has violated the rules of the road and thus the terms of a driver's license. Such complaint may be filed by a police officer or sometimes by other witnesses of an incident.

Please be advised that CarInsurance.com can not provide legal advice about car accident lawsuits. We suggest contacting a lawyer for help with your situation as almost anyone can attempt to sue for almost anything in this day and age.