– So you get in an autoaccident and you want to handle it on your own.
You go through the processand the insurance company makes you an offer thatyou're not happy with so you decide to file a lawsuit.
Do you file suit againstthe insurance company, or do you name the driver who hit you? Watch this video to find out.
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No surprise, auto insurancecompanies can be very difficult to deal with.
Their goal is to make asmuch money as they can through taking in premiums.
And of course to maximize theirprofit they have to pay out as little as they can in claims.
So it should come as nosurprise when you start to deal with the insurance companythat they nickel and dime you.
They are trying to savemoney any way they can.
They have made a calculatedjudgment that the vast majority of people will not filelawsuits against them.
Most people aren't goingto file suit over a few hundred dollars, anddefinitely attorneys are not going to be able to file alawsuit and incur the expenses over a modest amount.
This often leads to seriousfrustration for people when they deal with insurance companies.
I get calls all the time from people who are exasperated from theirtime spent negotiating with Geico or Progressive or Allstate.
They all say the same thing, I want to sue the insurance company.
Well unfortunately, generallyspeaking, you don't sue the insurance company directly.
You sue the driver of thevehicle that injured you.
Let's take an example.
Let's say you're involvedin an auto accident and you get hit, rear-ended by John Smith.
John is represented by Geico Insurance.
You file a claim and you gothrough the whole process.
You provide them your medicalbills, your lost wages verification, and everythingthat they need to process your claim.
In the end they offer youonly $10,000 and you don't think it's enough.
You go to court and you file a lawsuit, but you don't name GeicoInsurance as a defendant.
It will be your name against John Smith.
Now when John gets served with the lawsuit he's gonna reach out to Geico Insurance.
Geico, as his insurer, hasan obligation to defend him against your lawsuit.
They will hire, or retain,a law firm to represent him.
So when do you sue an insurance company? Well insurance companiesget sued all the time.
But in the personal injuryrealm you really only hear it come up in one or two situations.
The primary situation is when you allege that the insurance company engaged in what's called bad faith.
Bad faith claims don't come up very often in motor vehicle accident cases.
But when do they come up? It usually takes place whenyour attorney makes a demand of the defendant's insurancecompany that is far in excess of the defendant's insurance policy.
In car accident cases,bad faith usually arises in this type of situation.
Your attorney files a claim on your behalf with the defendant's insurance company.
The defendant has $100,000in insurance, let's say, and your attorney thinksthat your case is worth significantly more that.
Despite this, the insurancecompany refuses to tender or offer you the fullvalue of their client's insurance policy.
Generally speaking, if thathappens and your attorney files suit and you dorecover significantly more than the defendant's insurance policy, your attorney might file a lawsuit against the insurance companyitself and allege bad faith.
If that's the case and you prevail, the insurance company could be on the hook for the whole amount,including attorneys fees and other costs and expenses.
Practically speaking though,you don't see this very often.
The few times that I have usedan allegation of bad faith I didn't call it bad faith.
I've only really usedit to try and encourage insurance company to finallymake an offer to our demand.
Alternatively to let themknow that we're serious about pursuing litigation.
Practically speaking it'sjust not used that often.
I have used it only a few timesin the past several years.
I usually use it when aninsurance company is delaying in their response to my demand package.
I will send the letterto the insurance company subtly suggesting that theyare acting inappropriately and that they should take steps to protect their insured's interests.
Okay, it's time for your take on the law.
Have you been involved inan accident and weren't sure who to sue, the insurance companyor the driver who hit you? Tell me about it in the comments below.
Or have you been so angryat an insurance company that you wanted to sue them directly? Let me know about that as well.
Hey, thanks for checking out this video.
If you like what you saw,please consider subscribing to our channel.
If you have any questions or comments, you can put them in thecomment section below or feel free to email me.
If I can't help you, I'llfind someone who can.
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