Our firm works with lots of automobile accident cases. Here are questions people frequently have about the process of recovering restitution for damages after a car accident.
The complaint, or lawsuit has a caption, which lists the name(s) of the plaintiff (injured person seeking compensation) and the name of the defendant (person(s) or entity being sued for compensation). Unless the caption includes the name of an insurance company, technically the insurance company is not being sued directly.
The practical reality is that more than 99% of the time, the person or entity being sued has insurance available to pay the judgment, and the reason the case is in court is because the insurance company has refused to settle.
The Law Offices of Gary C. Eto, typically only sues when there is ample insurance to cover the damages being sought, but does not sue individuals who do not have insurance.
The exceptions, (the 1% of the time referenced above) are usually the following situations: when the defendant is a multi billion dollar enterprise that is typically self insured up to a certain level, such as a Fortune 500 Company; and when the defendant is a public entity, such as a City, State or other municipality.
You can learn more here about the types of vehicle cases we have worked on.