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Can I File Two Claims for One Accident with Different Insurance?
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If you’ve been in an accident with multiple cars, you may wonder if you can file a claim with more than one insurance company. In some cases, yes. Sometimes you can file a claim with each at-fault party and hold them responsible for your injuries and property damage.
You may also be able to file more than one claim in some situations where there was only one driver. For example, if your accident occurred while you were working, you can likely file a claim against the at-fault driver and a second claim for workers’ compensation.
In this article, we will break down what justifies more than one claim, special circumstances that impact your claims, and how a personal injury attorney can help you get fair compensation for your injuries.
How Is Liability Determined In an Accident?
Legal liability in a car accident refers to the responsibility or legal obligation one party has for the physical and property damages resulting from the accident. Your car accident attorney will collect evidence like traffic camera footage, witness statements, and police reports. They will use those to build your case against the at-fault driver.
The at-fault person who caused the accident is legally responsible for compensating the injured party for their losses. Compensation for damages can include medical bills, lost wages, physical property, or the victim’s pain and suffering. If the accident causes the death of one or more victims, their family members may be able to file a wrongful death claim.
Filing More Than One Claim In Multi-Car Accidents
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You have a right to file multiple suits for the same accident if you can prove the negligence of two or more people (or organizations). Joint and Several Liability applies when there are multiple liable parties.
Joint liability holds each party legally responsible for all damages the law allows. (This is helpful when one party doesn’t have insurance coverage or the resources to pay).
Several liability implies that each party is only liable to pay for their percentage of the damages.
Workers’ Compensation Claims and Third-Party Liability
Workers’ compensation provides benefits for work-related injuries without proving employer negligence. However, it doesn’t cover pain and suffering or punitive damages, which can be pursued through third-party claims if another party is involved in your accident.
For third-party claims, evidence must show the other party was more likely than not responsible for your injury. Successful claims can provide compensation beyond what workers’ comp offers, though workers’ comp insurers may seek reimbursement from any third-party payouts.
When Is Filing More Than One Claim Considered Insurance Fraud?
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“Double dipping” means filing a claim multiple times to multiple companies to get more money. An example of this would be filing a claim with one insurance company for damages to your car and a different claim to another insurance company to cover medical bills and lost wages.
Double dipping is illegal and can have some serious negative consequences. The insurance company can cancel your policy for breaching its contract, sue you to reclaim the payments they made, or you may be charged with fraud.
While filing a claim with two different companies might seem like an easy way to secure full compensation, it is strongly recommended that you stick to filing one claim with only one insurance company. An experienced attorney will also know what constitutes insurance fraud and ensure you avoid it.
How a Personal Injury Lawyer Can Help You File Multiple Claims Without Committing Insurance Fraud
A car accident lawyer is experienced in car accident claims and wrongful death lawsuits. They will help you determine fault and file multiple claims against the at-fault party’s insurance.
Insurance companies are notoriously resistant to paying the compensation victims deserve. Poynter & Bucheri’s personal injury attorneys will leverage the evidence and stand up to the insurance company on your behalf.
Suing for More Than the Insurance Policy’s Limit
In cases where damages exceed the at-fault party’s insurance policy limits, recovering additional compensation presents challenges. You can’t force the insurance company to provide a payment that exceeds the at-fault party limits.
However, your lawyer can help you file a lawsuit against the at-fault party themselves for as much compensation as you need. If the court awards damages, you still may not receive them if the individual you sue doesn’t have the money to cover all your losses.
Involved in a Car Accident? Contact Poynter & Bucheri Accident Recovery
If you were injured in a car accident and are wondering if you can file multiple claims, call Poynter & Bucheri Accident Recovery at 1-800-265-9881 for a free consultation.
We can help you evaluate your options and provide support as you determine your next steps. We’re here to protect your legal rights while you can focus on recovering. Request your free case review today.