After a car accident, many people wonder who pays in a car accident lawsuit. We have heard many clients say, “I don’t want to steal the shirt off the other person’s back, but I need the money.” You don’t know how the injuries from the car accident will impact you in the future. If you are like most people, you just want to get your medical bills paid and a little extra for a rainy day.
There is good news.
After a car accident, the insurance company of the other driver will step in and represent them when you file a personal injury case. Today Attorney Drew Palcsik discusses what it means to file a claim and who pays in a car accident lawsuit.
Hey, it’s Drew from Champlain Valley Law.
Coming up, we’ll talk about who pays for your injuries after a car crash.
The most important thing you should know is that when you’re hurt in a car crash, your right to recover for your injuries is always against the wrongdoer. That is the person who caused the crash.
In another kind of case, it could be the property owner who didn’t maintain their stairway, or it could be the owner of the dog that bit you. But most people, except for some businesses, don’t have the money to make good on the debt they’ve incurred when they hurt somebody negligently. And that’s why they get insurance, specifically liability insurance.
When you, as the injured person make a claim against the person who hit you or otherwise caused your injuries, then the insurance company steps in and handles the claim on their behalf. And the insurance company has the obligation to pay you fairly for your injuries, up to the limit of insurance or what we call the policy limit.
So in many, if not most cases, we deal first with the insurance company, because they’re the ones with the money to pay your claim.
And if we can get them to pay you fairly without filing a lawsuit, we will. Because it’s usually cheaper and quicker to do it that way.
But that doesn’t always happen. A lot of the time, we do have to file a lawsuit to get a fair outcome for you. But here’s the thing, the lawsuit is always against the wrongdoer, not the insurance company. Even though the insurance company pulls all the strings and has total control over the defense of the case, they never get mentioned in a courtroom.
In fact, the jury is not allowed to know whether or not there’s insurance, and if there is, how much.
And even in cases where you go to court and if, and when there’s a jury verdict in your favor, it’s the insurance company that pays it. In most cases, and nearly all car wreck cases, the person who caused you the harm has almost nothing to do with the case.
The insurance company takes care of everything for them. It’s the insurance company that’s running the show.
So to recap, whether we’re talking about an insurance claim or a lawsuit, there’s always going to be an insurance company behind the scenes, deciding whether you get paid fairly for your injuries. And in every case, the jury knows nothing about it.
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