When a driver hurts you in an automobile collision, we make a claim against
the driver's insurance company, and it is the insurer who will pay
out money to settle the case. If the insurance company doesn't offer
enough money for us to settle the case, we will file a lawsuit. The lawsuit
is against the driver, not the insurance company. Even so, the insurance
company remains on the hook to pay any judgment against the driver. This
means that, in the vast majority of cases, it's the insurance company
who is pulling the strings. The insurance company will provide the defendant
with a s lawyer, so that the defendant has a legal defense in court. That
lawyer serves the defendant, but at the same time that lawyer is acting
as the insurance company's employee. The lawyer's legal strategy
ultimately has to have the insurance company's approval. And the lawyer
will not settle the case unless the insurance company allows it, because
it's the insurer's money at stake.
In many ways, it really is like we are suing the insurance company, although
on paper it's the driver alone who is the defendant. Still, being
aware of the insurance company's role is helpful to understand the
dynamics of an auto accident lawsuit.
If you have any other questions about the dynamics of an auto accident
lawsuit, you should contact the personal injury attorneys at Chaikin,
Sherman, Cammarata & Siegel, P.C.