Why am I Suing an Individual Instead of the Insurance Company?

Last updated on: August 5, 2013


After being involved in a wreck, our attorneys work aggressively to resolve our clients’ injury claims with the insurance company of the responsible driver. However, when insurance companies refuse to fairly settle our clients’ bodily injury claims, the only leverage that remains is filing a lawsuit.

However, when a lawsuit is filed, instead of suing the insurance company that was previously making settlement decisions prior to suit, the lawsuit is filed against an individual and not the insurance company. You must sue the individual, serve that same person, and then have the responsible party present the lawsuit to the insurance company.

If presentment occurs, the insurance company for the named individual hires an attorney to represent the person sued, and is also responsible for all settlement decisions. Even though you’re suing the person and not the insurance company, the insurance company is still the decision maker.

Additionally, very few individuals know that in the courtroom, judges will not let you mention the words ‘car insurance.’ This leaves many with a disadvantage—as juries oftentimes believe they are taking money directly from a potential defendant’s bank account instead of finding out the insurance company will actually be the one that normally pays any jury award.

If you have questions on how to being the lawsuit process, please call our experienced personal injury lawyers for a free consultation.

Why am I Suing an Individual Instead of the Insurance Company?