Author: John Mattiacci | Owner Mattiacci Law
Published November 16, 2025
So, you’ve been in an accident. Your car is messed up, your body hurts, and now you’re suddenly dealing with insurance people speaking in strange legal phrases.
One of the biggest questions most people have after a wreck is if you sue the driver who caused it?
The short answer is yes. If someone caused the crash through carelessness, you’re legally allowed to hold them responsible.
But the full story is a little longer than just “yes.” You don’t always need to sue.
In this post, we’ll explain if you can sue an at-fault driver, what you can sue for, and the evidence you need to prove they were responsible.
Can You Sue An At-Fault Driver?
Yes, you always have the right to sue the at fault driver who caused the collision.
The right exists because traffic laws are built around a basic rule: if someone’s careless driving hurts you or damages your property, they’re responsible for the costs. That’s pretty much the core of personal injury law.
Most states follow the idea of “negligence.”
That means the other driver did something unsafe or failed to drive responsibly. It might be speeding, running a red light, texting behind the wheel, or driving drunk.
Their actions created harm, and now they can be held financially accountable.
Of course, in real life, nobody starts out by filing a lawsuit on day one. Most claims begin with an insurance process. The lawsuit comes into play when the insurance company refuses to pay fairly or tries to blame you to avoid making a payout.
When Suing Makes Sense
Suing is usually the “next step” when the normal claims process hits a wall.
It becomes useful when the crash created more damage than insurance wants to cover, or when the other side just refuses to accept fault.
Here are some common situations where a lawsuit is the smart move:
- The insurance company drags its feet or lowballs you
- Your injuries are serious or long-term
- Fault is being unfairly disputed
- The other driver has no insurance or too little coverage
A lawsuit can push the process forward. It forces the other side to respond instead of stalling. It also opens the door for full compensation, not just the tiny settlements insurers like to toss out first.
Also Read: Pennsylvania Hit and Run Pedestrian Accident Laws and Insurance Claims
What You Can Sue For (Common Damages)
A lot of people assume lawsuits are only about medical bills. But injury claims can cover way more than hospital visits.
The law also recognizes pain, stress, and the long-term effects on daily life.
Here’s what people commonly sue for:
- Medical bills, therapy, rehab, and future care
- Lost wages or lost ability to work
- Vehicle repair or replacement
- Pain and emotional suffering
The money isn’t “extra” or a bonus. It’s basically restoring everything the accident took away. If a crash changes your life, the law lets you pursue coverage for that change.
How To Prove The Driver Was At Fault
To win a claim, you don’t just say “they hit me.” You prove it.
The good thing is, most car accidents leave behind a clear trail of evidence. You just have to gather it and show how it points back to the other driver’s negligence.
Proof can come from many places: the police report, photos, traffic cams, eyewitness accounts, medical records, and even skid marks on the road. The more detailed and organized everything is, the harder it is for insurance to argue their way out of it.
This is why the steps you take immediately after the crash matter more than people realize.
Photos. Videos. Names and contacts of witnesses. All of that makes your case stronger.
If you were too hurt to collect evidence, medical reports also support your claim by showing the timeline of injuries.
Also Read: How To Document Evidence After A Car Accident
And if the other driver admits fault at the scene, don’t just rely on that. Get it all documented. People change their stories later, especially when insurance companies get involved.
Insurance Company Obstacles
Dealing with insurance companies can feel like wrestling an octopus made of red tape. Their main goal isn’t to make you happy, it’s to pay as little as possible.
They might do things like:
- Offer you a lowball settlement right away, hoping you’ll take it and move on
- Delay responding or “lose” your paperwork
- Try to blame you for the accident
- Argue that your injuries aren’t that bad
It’s frustrating, but it’s their job to minimize payouts.
That’s why a lot of people end up getting legal help. Not because they want to sue everyone, but because it levels the playing field.
Here’s a little tip: don’t rush to accept the first offer. It might sound good in the moment, especially if you’re stressed about bills, but once you settle, that’s it. No take-backs.
Make sure the offer actually covers all your costs – now and later.
Also Read: Should I Accept The Insurance Company’s First Settlement Offer?
Do You Always Need a Lawyer?
Not always. If the accident was tiny and nobody got hurt, you can probably handle it alone.
But once injuries enter the picture like physical pain, hospital visits, long-term treatment, the value of your claim goes up. That’s when lawyers matter.
The biggest difference a lawyer makes isn’t just “legal words” or filing paperwork. It’s protecting you from insurance tactics. A lawyer can calculate the real value of your claim, not the rushed version the insurer hopes you’ll accept.
Most injury attorneys also work on a contingency basis, which means no upfront payment. They only get paid if they win.
That makes it much easier for injured people to push back against insurance companies.
So it depends on how serious the damages are and how complicated the fight becomes.
Small claim? You can likely manage alone.
Big injuries or stubborn insurers? Legal help pays off fast.
Bottom Line
Yes, you can sue an at-fault driver. You have that right because the law protects people harmed by someone else’s carelessness.
Most people don’t jump straight into lawsuits right away. They try insurance first. But when the process isn’t fair or the crash caused major losses, a lawsuit becomes the option that finally gets results.
Remember, you’re simply asking to be made whole again after someone else’s mistake turned your life upside down.
The system is built to help you do exactly that – you just need the evidence and the timing.