I'm still learning about this process. I thought a personal injury lawyer only dealt with the insurance company and a civil litigation lawyer went after the driver.
Either way my lawyer isn't afraid to sue and has been doing this since the 90s so I know he'll do everything he can to get his money.
So how about you backup your implications? Your search bottom is right in front of you.
Amazing how most here hate to see injured people get compensated by insurance companies. Or, to admit that most insurance companies are as corrupt and unjust as they come.
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).
That's what most personal injury lawyers will do for you.
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 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?
I can think of situations where you'd be right, and situations where you'd be wrong. But either way, the main point is that the insurance company is only liable up to the policy limits and not for any charges, costs, or judgments in excess of that.
I apologize, Harold, I misread your original statement. You're right; IF the plaintiff has under-insured coverage (I don't remember seeing that this OP does, but I could have missed it in the long thread) that would likely pick up the difference. If he doesn't, however, he's likely on the hook for anything over and above the limit of the policy if he can't get it from the driver himself.
Which was my original point - explaining one reason why you sue the driver and not the insurance company.