When we meet with car accident victims for the first time, they want to know how much their case is worth. They also want to know if they can go after the person who caused the accident. They’re angry and they’re frustrated. That’s perfectly understandable. However, you don’t want to become overly concerned with suing the other driver. Your Albany injury lawyer is going to do their best to settle your case with the insurance company. Ideally, you won’t have to sue anybody. But if you do, you’ll still be required to name the insurance company in your initial complaint.
We suggest that you come in and meet with one of our accident attorneys in Albany. They’ll sit down and listen to your story. They’ll also review any information you bring with you. We offer new clients a free, initial consultation. This means you don’t have to pay anything to meet with one of our skilled Albany injury lawyers.
You Have to Go Through Insurance First
One of the reasons the government requires you to carry auto insurance is so that, if you get into an accident, there’s someone to cover any injuries suffered. If you and another driver get into an accident, there will be two insurance carriers involved – yours and the other driver’s. Depending on who was at fault, one of these insurance carriers will have to pay out their claim. As long as this covers the total damages related to the crash, there’s no reason to sue.
One thing you can’t do is settle your case with the insurance company and then sue the other driver. Once your claim is settled, it is over. Now, if the insurance company didn’t settle but paid less than your total damages, you may be able to sue. For example, imagine that your total damages were $250,000. The defendant’s insurance policy had a limit of $100,000. Once your claim is paid, you’ll still be out $150,000. Your Albany injury lawyer would be able to sue the other driver for the difference.
If Your Claim is Denied, Your Albany Injury Lawyer Can Sue the Other Driver
There are times when the insurance company is going to refuse to pay your claim. For some reason, they are adamant about denying it. Perhaps they think they have proof that you caused the crash. Or they may see that you have a history of filing auto claims. Whatever the reason, if they refuse to pay your claim, your accident attorney in Albany will help you file suit.
When you sue, you are going to have to name both the other driver and their insurance carrier. Once they are served with a copy of your complaint, they’ll have thirty days to respond. It is very rare that an insurance company would fail to respond. They are legally required to represent the driver as well. Once they know that you’re serious and that you’re going to move forward with legal action, they may change their tune. While they probably still won’t be willing to pay your entire claim, they will be open to negotiations. Your Albany injury lawyer will negotiate with them to settle your claim. As long as your medical bills and out-of-pocket expenses are paid, that is what’s important.
Be Careful What You Wish For
We always tell our clients that the last thing you want to do is sue a defendant. Your chances of being paid are much higher with an insurance company as your opponent. You have to remember – the kind of person who doesn’t have insurance is not the kind of person who has a ton of assets. You may get a judgment against the other driver. However, you may never see a dime. If they had assets, they never would have driven without insurance. They wouldn’t have wanted to risk losing those assets.
Now, if you’re suing the other driver because their policy was too small, that’s a different story. If that’s the case, your Albany injury lawyer will sue the other driver personally for the difference. In this situation, you may have a much better chance of seeing your judgment paid. The other driver may have property and interests to protect. This means they may be interested in a settlement.
Your Albany Injury Lawyer Can Help Get You the Compensation You Deserve
If you were recently injured in a car crash, you may be entitled to damages. It all depends on the facts of the case. If you are confident that the other driver was at fault, there’s a good chance your claim will be paid. If it isn’t, that doesn’t mean you’ll walk away with nothing. Your Albany injury lawyer can always file suit on your behalf. They’ll name both the other driver and their insurance company. However, the goal is to convince the insurance adjuster to settle. Not only is it a lot easier to settle a case than win at trial, but it’s also a lot faster.
If we do need to sue, the insurance company will be required to represent the other driver. Ideally, you’ll win and the insurance company will have to pay your damages. Just keep in mind – there is always the chance that you could lose if you go to trial. This is why your accident attorney in Albany tries so hard to negotiate a fair settlement instead.
We offer all new clients a free, initial consultation. You should come into our office and sit down with a seasoned accident attorney in Albany. We can answer any questions you may have. We can even give you an idea of what your case may be worth. Since the consultation is free, you don’t have anything to lose. You already know the other driver will have a team of lawyers working for them. You should have someone in your corner as well.