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Personal Injury Blog

  • Who is the True Defendant in a Maryland Auto Accident Lawsuit?

    Posted By Chaikin, Sherman, Cammarata, Siegel, P.C. || 16-Jan-2015

    By: Matthew TievskyMaryland Auto Accident

    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.

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