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Insurance Company Role in a Personal Injury Lawsuit
Many clients are confused about the interplay between Insurance and personal injury lawsuits. A frequent question is "we are just suing the insurance company, right?"
The answer is "wrong" in most cases. As a rule, when someone injures another person, they are responsible for all of the damage that they caused. Cautious people buy insurance in order to protect themselves when sued. Under the law, the lawsuit is against the entity that caused harm, not against the insurance company directly. The insurance company defends the lawsuit and pays money for any successful claim.
There are some situations where an injured victim will sue an insurance company. The instances are usually for first party benefits, such as Personal Injury Protection Benefits (Medical Bills from a car accident) or Uninsured/Underinsured claims. These latter topics will be discussed in another article.