If you injure someone in a car accident, or somebody slips and falls in your icy driveway, you may receive a letter from the injured party notifying you of a claim. In effect, the injured party or their lawyer is letting you know that your insurance is getting sued or, more accurately, they are coming to you to get to your insurance coverage. When you get sued for a car accident and you have insurance you need to ensure that your insurance company will respond to any claim, you need to contact them right away and fully cooperate with them.
That is why it is important to be honest with an insurance company when applying for a new policy, and to cooperate with them fully. Assuming you were honest when applying for an insurance policy, and that you do notify your insurance company and cooperate with them once you become aware of a claim, the insurance company will investigate the claim and try to resolve it at an early stage.
If the claim is for significant injuries or financial losses, your insurance company may need to hire a lawyer to deal with the case. Either way, you and your personal assets will be protected up to the limits of your policy.
The worst thing that happens to you if your insurance is getting sued is that your insurance premiums go up. You may wonder why you are named personally in the claim, even though you have insurance coverage. Your insurance policy responds to a claim because you purchased that policy for peace of mind in the event that you accidentally injure somebody and get sued as a result. Just contact your insurance company, provide them with a copy of the Claim and they will handle it.
They will hire a lawyer to act for you although he or she is really acting for your insurance company to ensure it pays as little as possible to resolve the claim. In rare cases, an injured person might claim an amount greater than your insurance policy limits.
Say, for example, that you are involved in a car accident where another person is paralyzed and requires considerable medical care, but also loses their ability to work. But make sure you consult your attorney before you accept any settlement offer.
Anything can happen in a trial. To avoid an unexpected result and to reduce their own risks, both plaintiffs and defendants will look to settle a lawsuit. The plaintiff can avoid getting nothing, and the defendant can avoid a massive verdict for the plaintiff. Both of these things can happen in trials, and there is no mitigating it or negotiating it. The plaintiff in a car accident suit wants to get their payment as quickly as possible.
After all, money now is worth more than money later. Additionally, plaintiffs probably have expenses. These include medical bills and lost wages. The longer it takes a case to resolve, the deeper in debt the plaintiff may get.
It is always better to settle because when an insurance company agrees to an amount, they will pay it out quickly. If you receive a judgment in court, there is no guarantee of collection. There is no guarantee the defendant can pay this out-of-pocket. The best way to get paid quickly is to settle. Litigation is expensive. When a case drags on for years and years, the costs start to pile up. I told them that was not true, and that I pushed this man forward about 10 feet.
I told them to take care of him and stop giving him the runaround. Shortly after this, they dropped me from future insurance coverage. Good riddance. About a month later, the man was still getting the runaround, so I asked him to sue me. Can you imagine that? I did. After I was served, I was appointed an insurance defense lawyer, who I am well acquainted with and have much respect for. However, he did what every defense lawyer does, and told me that he was not going to admit fault in the answer, and was going to try to put some of the blame on the person I had hit.
He did. I wanted them to do their job, and protect my ass ets. After going up a few levels of management, they ultimately did and the lawsuit was quickly dismissed. Why do you have to be a lawyer and threaten these insurance companies to get them to do their job?
If you have seriously hurt someone, you should consider getting a non-insurance defense lawyer to represent you, alongside the paid for insurance defense lawyer. This way, you will have someone who is there by your side to truly protect your best interests. This lawyer will not look at your case from the perspective of saving the insurance company money, but will rather look at it from the perspective of protecting your ass ets.
Your own lawyer will write a letter to YOUR insurance company and to the insurance defense lawyer and urge them to do whatever it takes to settle the case and get you fully released. And if getting your case settled and dismissed means paying every bit of your insurance policy that you have already paid for, then so be it. Why do you care? Your insurance company has already charged you with an at-fault accident. They have already decided to raise your rates, or drop you from future coverage.
It is hard to not be offended when you have been sued. Try to stay calm and not be. You are not going to jail. Other than your initial negligence, the cause of filing this suit is outside of your fault and control. Since you left the scene of the wreck, your insurance company has been calling the shots. They have likely gotten you in a storm that is not of your own making.
Adjusters have been rude and insulted my clients, not offered to pay a penny of the medical bills, shorted them on the lost wages, made promises to pay and failed, and refused to keep their word.
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