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How does sueing insurance carrier work?


Ok ...Im confused, I think mostly because I have a crappy lawyer...:( However, I need to know how does this thing work...I was involved in automobile accident....The lady ran a red light and hit me. She claims its because ambulance was behind her and she had no other choice! She hit me,At the time of accident I didnt cover my but(I had no insurance). She has insurance. Her insurance company has been investigating accident for 2 months now. They want to talk to officer. SO they havent taken liability for the accident its self.I have a lawyer, I went to therapy. I had injuries. My laywer wants to close my case very soon,and go to settlement. Can he go to settlement without the insurance company taking liability for accident. Can someone please tell me how this process usually works. And what Can i expect to happen. Im mainly concerned about my property damage. My lawyer dosent seem concerned about that? How does this sueing the insurance company process work? Thanks

When they decide to "settle"...Do they cut check also for Property damage,I guess the value of the car?

Well, first of all, you may have a lawsuit against the lady who hit you, but not her insurance company. You sue her, and her insurance company is obligated to defend her. If you get a judgment against her, then the insurance company is obligated to pay the judgment (unless they appeal and post a bond).

The reason your attorney is interested in the injuries is because that is where all the big damages are. Property damage is pretty straightforward, and is normally low-balled by insurance companies, especially on older cars. There also isn't much to negotiate in property damage cases.

Your attorney's motivation for closing the case is the same as everyone else's (including the insurance co.). Your atty makes his fees soon, and the insurance co closes one case.

If the insurance co agrees to a settlement that is agreeable to you, you will sign a document that says that you understand that the lady does not agree to liability, that liability is disputed, but that they are settling to "buy peace" and for other (read "monetary") reasons. So, basically, you'll get your settlement (you have to agree to the terms first as well as the ins. co.), but the ins. co will continue to deny liability.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **

all i know is that it doesn't end well

So,a few of things you are supposed to think.I have had good experience here.......
http://insurance.online-assistant.info

In the US

You don't sue the carrier - you sue the insured. The carrier simply indemnifies the insured. There are two ways to go about this. If you sue the insured without the company accepting liability, they will fight until their last breath to not pay anything. However, the attorney may negotiate a nuisance settlement, in which the company may not take the blame but will pay you a bit to just go away.

If they do accept liability, the typical settlement amount is two to three times the amount of your medical care. But be aware - if your health insurance paid for any of your medical bills, they will want their money back. Its called subrogation, and its super awesome unless you're the patient :(

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