Page 8 of 11 FirstFirst ... 6 7 8 9 10 ... LastLast
Results 71 to 80 of 108
  1. #71
    Join Date
    Oct 2016
    Posts
    4,301

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

    Quote Quoting Hemispheres
    View Post
    My lawyer will sue the insurance company if they cheap out. He's not afraid to, he's actually on the list of 100 best national trial lawyers.
    I wonder what getting on that list cost him? But if he isn't an idiot he will know to sue the other driver and not the insurance company.

  2. #72

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

    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.

  3. #73
    Join Date
    Oct 2016
    Posts
    4,301

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

    Quote Quoting Hemispheres
    View Post
    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.
    You thought wrong.

  4. #74
    Join Date
    Feb 2020
    Posts
    733

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

    Quote Quoting PayrolGuy
    View Post
    I wonder what getting on that list cost him? But if he [the lawyer] isn't an idiot he will know to sue the other driver and not the insurance company.
    If you aren't an idiot you would search the lawyer, whose name has been given here, like you search everything else and back up whether he is a flake, idiot lawyer and that he pays for his 'top 100 lawyer rating.'

    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.

  5. #75
    Join Date
    Oct 2014
    Posts
    8,238

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

    Quote Quoting Hemispheres
    View Post
    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.
    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).

    Quote Quoting Hemispheres
    View Post
    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.
    That's what most personal injury lawyers will do for you.

  6. #76
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,519

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

    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.

  7. #77
    Join Date
    Feb 2020
    Posts
    733

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

    Quote Quoting Taxing Matters
    View Post
    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
    View Post
    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.

  8. #78
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,519

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

    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.

  9. #79
    Join Date
    Feb 2020
    Posts
    733

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

    Quote Quoting cbg
    View Post
    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 don't mean to be picky but I would add that they are liable for legal representation costs and legal costs over and above the policy limits.

    Would you please explain when an under-insured policy would not cover a situation like you described.

  10. #80
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,519

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

    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.

    1. Sponsored Links
       

Page 8 of 11 FirstFirst ... 6 7 8 9 10 ... LastLast

Similar Threads

  1. Appeals: What Are the Chances of Winning an Appeal
    By AYN in forum Civil Procedure
    Replies: 2
    Last Post: 08-19-2015, 10:45 PM
  2. Denial & Appeals: What Are the Chances of Winning a UI Appeal to an ALJ
    By baseball in forum Employment and Labor
    Replies: 14
    Last Post: 08-10-2012, 09:09 PM
  3. Minor in Possession: What Are My Chances of Either Winning the Case or Getting a Lesser Punishment
    By kubrickfan79 in forum Criminal Charges
    Replies: 1
    Last Post: 06-16-2012, 08:16 AM
  4. What Are My Ex's Chances of Winning Her Appeal
    By FatherWhoWon in forum Child Custody, Support and Visitation
    Replies: 7
    Last Post: 02-12-2011, 03:41 PM
  5. Denial & Appeals: Chances of Winning a Appeal
    By kentheman in forum Employment and Labor
    Replies: 3
    Last Post: 04-12-2010, 01:59 PM
 
 
Sponsored Links

Legal Help, Information and Resources