When you’ve been involved in a car accident and the other driver is at fault, it’s their insurance company that’s responsible for compensating you for damages and injuries that resulted from the incident. However, sometimes, the insurer may not be willing to pay the full amount you’re claiming. This is where legal action comes in.
Here’s what you can expect when suing someone’s car insurance:
1. Initial claims
Before you can sue someone’s car insurance company, you need to file an initial claim with them. This is a formal request for compensation for any damages or injuries that you suffered as a result of the accident. The insurance company will assign an adjuster to your case, who will investigate the accident and your claim.
The adjuster will then make a settlement offer based on their assessment of the accident and your claim. You have the option to accept or reject this offer. If you reject it, you can negotiate with the adjuster to come up with a more acceptable offer. However, if you’re unable to reach a settlement, you may have to consider legal action.
3. Civil lawsuit
To sue someone’s car insurance company, you need to file a civil lawsuit in court. A civil lawsuit is a legal process that involves two parties who are in disagreement over a legal matter. In this case, you’re the plaintiff, and the defendant is the car insurance company.
During the discovery phase, both parties exchange information and evidence related to the case. This might include medical records, police reports, and witness statements. This process helps both parties to build their case and prepare for trial.
5. Mediation and settlement
Often, the parties can reach a settlement before the trial. In this case, a mediator is called in to negotiate a settlement agreement. If you’re able to reach an agreement, you’ll receive compensation for your damages and injuries. However, if you’re unable to reach an agreement, the case will go to trial.
If the case goes to trial, a judge or jury will hear the evidence and make a decision. This can be a lengthy process and may involve witnesses, experts, and cross-examination. If the judge or jury decides in your favor, the car insurance company will have to pay the amount that was awarded.
In conclusion, suing someone’s car insurance can be a complicated process, so it’s essential to get legal advice to help you through it. This is especially true if you’re dealing with a high-value claim or are unsure about the legal process. However, with the right guidance, you can successfully file a lawsuit and get the compensation you deserve.