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If an insurance company has been found in contempt for non payment after a court order, who goes to jail?


38 months ago I was run over by a postal worker in a buick that drove thru my store. My lawyer says 3 court orders have been issued for payment of the injuries incurred, but no payments have been made by them. Now after 3 years they decided to fight it and I have a deposition scheduled next week. My question is, can I have the insurance companies lawyer arrested for contempt of court when she shows up for the deposition? If not, why does the court bother wasting time issuing orders? What options do I have? I have done everything the way I should have, but still no progress after over 3 years of pain and suffering and expenses. I cant work because of the injury, and have been subjected to delays, and endless suffering. Would a more direct approach like declaring war on them be more appropriate at this point?

The postal worker was on duty, and the vehicle was privately insured.

You cannot have the lawyer arrested. However, if you have a court order (and it is not currently under appeal), your attorney can file a claim against the officers of the corporation personally. Trust me, once this is done, things will begin to move quickly.

The violation of the orders is most likely civil, not criminal, contempt. So no, you can't get the lawyer arrested. Even if you could get someone arrested, you'd go after an officer of the business and not the lawyer.

Have you asked your lawyer what you can do to enforce the judgment? The other side is going to delay as long as possible. Make sure you're doing all you can to forestall this.

No one goes to jail unless and until the contempt is brought to the judge's attention and then he or she decides what type of punishment is appropriate "to vindicate the dignity of the court." This can be jail, a fine, an order that the offending party obey the order by a certain time or any or all of these options.

You should ask your lawyer if your state recognizes "third party bad faith." If it does, you may have an additional claim directly against the insurance company. If it does not, your state may recognize an assignment of the bad faith claim from the postal worker to you.

Since this is a federal employee, was he/she in the course and scope of employment? Is this private insurance company?

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