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    sporrertwins's Avatar
    sporrertwins Posts: 1, Reputation: 1
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    #1

    Feb 16, 2009, 08:31 PM
    Insurance lawsuit vs. personal lawsuit
    My parents recently are trying to work through an insurance settlement for a car accident involving my brother. He was injured. They hired lawyer to assist with the settlement. A sheriff brought a letter to the others involved stating my parents intent to sue. They had thought it was within insurance. Is this protocol? What is the difference between sueing within insurance and sueing personally?

    My parents prefer it is settled within insurance of the parties since they are friends and do not want to sue beyond a settlement within insurance, is there something they need to be sure of so their lawyer does not go beyond that? Is it normal for those involved to received notice of being sued when it is within insurance and not above and beyond that?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Feb 17, 2009, 05:20 AM

    Hello s:

    When somebody damages somebody else, somebody gets sued... Insurance companies didn't damage anybody, so THEY aren't the ones to sue.

    The person who caused the damages gets sued. If HE wants his insurance company to represent him or simply just pay, that's up to him. He can pay it all by himself if he wants...

    Course, I don't know WHY he'd have insurance then, but there's no accounting for peoples behavior.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 17, 2009, 06:29 AM

    You do not sue the insurance companies, you sue the people and often for a lot more than their insurance, you sue for the actual amount of your injuries.

    If you have 100,000 in bills and they only have 25,000 in insurance, too bad, That is how it works, If you win, their insurance would pay up to their max, Normally when you sue them, they inform their insurance company and then their insurance companies will use their attornys to fight your attorney

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