By: Matthew Tievsky
When we represent a client in an auto accident case, our firm makes a claim
against the driver’s insurance company, and it is the insurer who
will usually pay out money to settle the case. If the insurance company
does not make a fair offer, we will file a lawsuit. But the lawsuit is
driver, not the insurance company.
Even so, the insurance company remains responsible to pay any judgment
against the driver. This means that, in the vast majority of cases, it’s
the insurance company who is controlling the legal defense in a lawsuit.
The insurance company will provide the defendant with a free lawyer. And
the insurance company’s lawyer will only offer as much money to
settle the case, as the insurance company allows.
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
If you have any other questions about how
auto accident lawsuits work, you should
contact our car accident attorneys at Chaikin, Sherman, Cammarata & Siegel, P.C., for a free consultation.