If you are pursuing a car accident claim against another motorist, you will mainly be dealing with the defendant's auto insurance company and not with the defendant directly.  In fact, the insurance matters will play a huge role in your car accident claim. Here are some of the specific issues that insurance will determine:

The Insurance Company Defends the Motorists

If you are pursuing a car accident case, and the defendant has insurance coverage, don't expect to go against the individual in court. Rather, you will be going against the defendant's car insurance company. The insurance company will provide lawyers for their client to ensure that their client isn't held liable for an accident they did not commit.

As you know, most auto insurance companies have deeper pockets than typical individuals.  Expect them to do everything possible to defend the case. It would not be wise to go against such heavy machinery on your own; therefore, consult an experienced car accident lawyer to help you with the lawsuit.

The Insurance Company Signs the Settlement Check

Another thing you should know is that if you do win the case, it is the insurance company that signs the settlement check. This is a huge advantage because insurance companies have a reputation to portray; they are not likely to play hide-and-seek with your money the same way an individual will. In fact, insurance companies usually pay up unless they believe a grave error has been done and you don't deserve the award, in which case they will appeal the ruling.

The Insurance Coverage Determines How Much is Recoverable

Since your settlement check comes from the insurance company, it also means that the existing policy determines how much you can recover; you can't recover more than the existing limit. For example, if the defendant has a liability limit of $100,000, this is the maximum you can recover even if the judge or jury awards you a million dollar settlement. The only way to recover more than the defendant's policy limits is to go after their personal assets if they have any.

The significance of this is that you should evaluate your chances of actually recovering your damages before declining a settlement offer and opting for a lawsuit. For example, if the insurance adjuster is offering $50,000 and the defendant's policy limit is $60,000, it may be a good idea to take the offer instead of chasing the $10,000 via a lawsuit. After all, the cost of the lawsuit may gobble up the difference, or even more. Contact a firm, like Caldwell Kennedy & Porter, for more help.

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