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Does Insurance or the Individual Pay Personal Injury Settlements?

Personal injury and auto accident law can be confusing, but rest assured the people responsible for paying off a personal injury settlement is one of the more straightforward aspects of claims. Most of the time the insurance company is paying off the claim on behalf of the individual policyholder. After all, you pay a expensive insurance premiums each month to protect your interests, no matter if you were at fault or not.

Insurance policies provide protection for damages you have sustained in an accident and for damages you may have caused related to an incident. As discussed in our blog post about things to watch out for when filing an injury claim, determining who will pay should not be something you need to worry about.

The only time this can get confusing for individuals is when it becomes necessary to file a lawsuit for claims that cannot be settled out of court. When an attorney files a lawsuit for damages sustained in an auto accident, under the law he/she must serve the individual driver with a copy of the lawsuit. This does not mean you are seeking money directly from the individual. It is just a way of putting them on notice to turn the matter over to his/her insurance company for litigation. Once you turn the lawsuit over to your insurance provider, that company will ensure that you are legally represented by one of their attorneys until the case is concluded. As a defendant with valid insurance coverage at the time of the accident, you will not pay any money out of pocket for this representation. This is one of the perks of having full coverage auto insurance.  

We are also asked about filing claims against an individual who does not have insurance. Most attorneys are wary of taking on claims with no insurance because it can be quite difficult to ever collect on a judgment where the person did not have insurance at the time of the accident or the plaintiff does not have uninsured motorist coverage. Learn more about uninsured motorist claims and coverage.

If you or a loved one have been involved in an automobile accident you should seek the opinion of an experienced attorney. The Chiozza Law Firm and 901Law.com offers free consultations for any legal matter, including auto accidents, motorcycle/bicycle accidents, medical malpractice claims, and criminal defense matters.  

We handle auto accidents and medical malpractice claims on a contingency fee basis, meaning if we do not make a recovery for you, then you owe us nothing. We also offer a lower fee arrangement for auto cases. If we are unable to secure a settlement on your behalf, then you pay us nothing.

One of the core principles that guides The Chiozza Law Firm is expert legal representation for a reasonable fee. After all, you are the client and the owner of your claim. You deserve more of your settlement than your attorney. Call 901-526-9494, or visit www.901Law.com to speak with a local Memphis attorney about any of your legal matters.

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Posted by Brian Chiozza at 10:03 AM
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