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  1. #28
    Join Date
    Feb 2020
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    750

    Default Re: What Are My Chances of Winning a Lawsuit in This Case

    Quote Quoting Taxing Matters
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    A personal injury lawyer is simply a civil litigation lawyer who concentrates his/her practice in handling personal injury lawsuits. It may help to understand that it is the driver who is liable to you because he is the one who injured you as a result of his negligence. His insurance company, on the other hand, has no direct obligation to you. Rather, the insurance company's obligations are to its insured (the other driver) because that is who they contracted to insure. When you make a claim against the driver, the insurance company steps in to represent the driver as part of its obligation to the driver, and the insurance company is obligated to pay not because it owes you anything but because it owes its insured to prevent the insured from having to pay. In the end it still works out that the insurance company issues you a check for it, but it's because of your claim against the driver, not because of any claim you have against the insurance company. So if you need to sue, your lawyer will sue the other driver. It'll still be the insurance company lawyer that you lawyer will deal with however, and it will be the insurance company that pays (up to the policy limits).
    The term "the insurance company represents the driver" is a misnomer. The insurance company looks out for themselves first, then the driver. Example: If the insured felt and knew he was at fault, morally and ethically knew he owed the injured party, but the insurance company felt they could beat the case and pay nothing, whose wishes would be granted? The insurance company or the insured? I'll tell you who, the insurance company rules the case, not the insured. So, in a standard lawyer/client relationship, the client's wishes are paramount. Not so when an insurance company so called "represents" the insured.

    I know this because in my case the insured individual came up to me and apologized for what took place in court and for what the insurance company asked him to say on the stand to win the case. Which were basically lies.

    In a criminal case a defendant will say anything to got off. In a civil injury case, when a person with morals knows he hurt someone and he has insurance to compensate anyone he hurts, how can an insurance company override what their client feels is the right thing to do?

    Quote Quoting cbg
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    Just clarifying a point that is obvious to people who work with insurance companies but may not be quite so obvious to people who don't. No shame to them - no one can be expected to know everything. But confusion on this point sometimes leads to misplaced expectations.

    An insurance company cannot be required to (and will not) pay out more than the limits of the policy. Just throwing out numbers here - if the limits of the policy are $25,000 and you sue the driver and are awarded $50,000, the insurance company will send you a check for $25,000 and you'll have to go after the driver for the rest.
    I doubt that to be the case if the plaintiff has an under-insured policy. In that case the person's own insurance would likely be on the hook to pay the remaining $25K.

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