Personal Injury Attorney Questions | Do we sue the insurance company of the person who is at fault if the insurance company does not offer a fair value?
No. Although many of us believe that because the insurance company is the one who is ultimately paying for the settlement or judgment, the insurance company is the entity that must be sued. On the contrary, suit is always filed against the at-fault party, not the insurance company. Keep in mind that insurance is nothing more than a pocket that the at-fault party reaches into to pay any settlement, award, or judgment. Hence, when I prevail and receive a settlement or judgment on behalf of my client, the Insurance company simply pays the amount on behalf of the at-fault party. Insurance companies do not get sued, unless it is for a separate cause of action against them, such as a “bad faith” action.
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